Short answer. Yes. Any deposition may be used by any party solely to contradict or impeach the testimony of the person who gave it, once that person testifies at trial — regardless of whether the fuller uses of a deposition (as substantive evidence, for example) apply to your situation.

What the law says

Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness

Rule 23, Section 4 — Use of depositions. Read the full provision →

Impeachment is the broadest use of a deposition

Depositions serve several purposes at trial, and the rules rank them by how freely they can be used. The narrowest and most widely available use is impeachment: contradicting a witness's trial testimony with something inconsistent they said earlier, under oath, at the deposition. Any party may use any deposition this way, so long as it was taken against a party who was present, represented, or given due notice of the deposition. You do not need to show the witness is unavailable, distant, ill, or anything else — impeachment is available whenever the deponent actually takes the stand and says something that departs from what was recorded.

Why the limitation matters

Some depositions cannot be used as if the witness were absent and their deposition were substantive proof of the facts stated — that broader use is reserved for depositions of a party or a corporate officer, director, or managing agent of a party, or for situations where the court finds the witness dead, too far away, ill, unreachable by subpoena, or where exceptional circumstances justify it. If your deponent is an ordinary third-party witness who is available and does testify, you generally cannot read their deposition into the record as if it were their trial testimony. But that limitation does not affect impeachment — impeachment is allowed regardless.

How it plays out at trial

In practice, this means that once the witness is on the stand and says something inconsistent with what they swore to at the deposition, you can confront them with the deposition transcript to expose the contradiction and undercut their credibility. If you offer only part of the deposition for this purpose, the other side may require you to introduce the rest of it that is relevant to the part you used, and either side may bring in other relevant portions as well. The deposition itself only becomes usable if it is otherwise admissible under the rules of evidence — impeachment does not bypass basic admissibility.

What impeachment does not do for your case

Using a deposition to impeach only damages the witness's credibility on the point where they contradicted themselves — it is not, by itself, proof that the deposition version of events is the true one. The trier of fact still has to weigh why the witness's account changed and decide what, if anything, to believe. This use is also available to either side in the case, not just the party who took the deposition; whoever is present when the inconsistency surfaces at trial may point it out, provided the deposition was properly taken against a party who had notice of it.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.