A deposition taken without leave of court under the unavailability provision of Rule 30(a)(2)(A)(iii) must not be used against a party who shows that, when served with the notice, it could not, despite diligent efforts, obtain an attorney to represent it at the deposition. (B) Unavailable Deponent Party Could Not Obtain an Attorney.
A deposition must not be used against a party who, having received less than 14 days’ notice of the deposition, promptly moved for a protective order under Rule 26(c)(1)(B) requesting that it not be taken or be taken at a different time or place-and this motion was still pending when the deposition was taken. (E) on motion and notice, that exceptional circumstances make it desirable-in the interest of justice and with due regard to the importance of live testimony in open court-to permit the deposition to be used. (D) that the party offering the deposition could not procure the witness's attendance by subpoena or (C) that the witness cannot attend or testify because of age, illness, infirmity, or imprisonment (B) that the witness is more than 100 miles from the place of hearing or trial or is outside the United States, unless it appears that the witness's absence was procured by the party offering the deposition A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds: An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4). (3) Deposition of Party, Agent, or Designee. Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any other purpose allowed by the Federal Rules of Evidence.
(C) the use is allowed by Rule 32(a)(2) through (8). (B) it is used to the extent it would be admissible under the Federal Rules of Evidence if the deponent were present and testifying and (A) the party was present or represented at the taking of the deposition or had reasonable notice of it At a hearing or trial, all or part of a deposition may be used against a party on these conditions:
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