Rigby v. Lake Cnty., 569 N.E.2d 1056 (Ohio 1991). · Go Syfert
Rigby v. Lake Cnty., 569 N.E.2d 1056 (Ohio 1991). Cases Citing This Book View Copy Cite
778 citation events (654 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) State v. Dyer (2×)
Ohio Ct. App. · 2017 · quote attribution · 2 verbatim quotes · confidence low
a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence
examined Cited as authority (quoted) State v. Farley (2×)
Ohio Ct. App. · 2012 · quote attribution · 2 verbatim quotes · confidence low
a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence
discussed Cited as authority (rule) State v. Michalski
Ohio Ct. App. · 2026 · confidence medium
“The admission of relevant evidence pursuant to Evid.R. 401 rests within the sound discretion of the trial court.” Rigby v. Lake County, 58 Ohio St.3d 269, 271 (1991), citing e.g., State v. Sage, 31 Ohio St.3d 173 (1987), paragraph two of the syllabus.
discussed Cited as authority (rule) State v. Bailey
Ohio Ct. App. · 2026 · confidence medium
First Assignment of Error: Standard of Review {¶37} “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Stewart
Ohio Ct. App. · 2026 · confidence medium
Standard Of Review {¶23} The decision regarding whether to admit evidence at trial is within the sound discretion of the trial court: “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rule of procedure and evidence.” Rigby v. Lake Cty, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Hart (2×) also: Cited "see"
Ohio Ct. App. · 2026 · confidence medium
Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
cited Cited as authority (rule) State v. Higginbotham
Ohio Ct. App. · 2026 · confidence medium
Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Sanabria
Ohio Ct. App. · 2025 · confidence medium
Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991); State v. Echols, 2023-Ohio-2206 , ¶28 (1st Dist.), affirmed by State v. Echols, 2024-Ohio-5088 (“The admission of evidence lies within the broad discretion of a trial court, and a reviewing court should not disturb evidentiary decisions in the absence of an abuse of discretion that has created material prejudice.”); see also State v. Issa, 2001-Ohio-1290 (2001).
discussed Cited as authority (rule) State v. Conrad
Ohio Ct. App. · 2025 · confidence medium
“A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
examined Cited as authority (rule) State v. Vicario (3×)
Ohio Ct. App. · 2025 · confidence medium
Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Russell
Ohio Ct. App. · 2025 · confidence medium
Standard Of Review {¶27} “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake County, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Thornsley
Ohio Ct. App. · 2025 · confidence medium
We disagree. {¶35} “A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). {¶36} Evid.
discussed Cited as authority (rule) State v. Thornsley
Ohio Ct. App. · 2025 · confidence medium
We disagree. {¶35} “A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). {¶36} Evid.
discussed Cited as authority (rule) State v. Mack
Ohio Ct. App. · 2025 · confidence medium
Standard of Review {¶100} The admission or exclusion of evidence lies in a trial court's sound discretion “so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake County, 58 Ohio St.3d 269, 271 (1991); State v. Sage, 31 Ohio St.3d 173 , (1987).
discussed Cited as authority (rule) State v. Mitchell
Ohio Ct. App. · 2025 · confidence medium
ASSIGNMENT OF ERROR FOUR - ADMISSION OF “OTHER ACTS” EVIDENCE STANDARD OF REVIEW {¶109} “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake City, 58 Ohio St.3d 269, 271 (1991).
cited Cited as authority (rule) State v. Roman-Navarre
Ohio Ct. App. · 2025 · confidence medium
Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991); State v. Sage, 31 Ohio St.3d 173 (1987), paragraph two of the syllabus.
discussed Cited as authority (rule) State v. McCauley (2×)
Ohio Ct. App. · 2025 · confidence medium
Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991); State v. Sage, 31 Ohio St.3d 173 (1987), paragraph two of the syllabus.
discussed Cited as authority (rule) State v. Hartley
Ohio Ct. App. · 2025 · confidence medium
State v. McAlpin, 2022- Ohio-1567, ¶ 66, citing State v. Rogers, 2015-Ohio-2459 , ¶ 22. {¶19} “A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). {¶20} Evid.R. 404(B) provides in pertinent part: (B) Other Crimes, Wrongs or Acts. (1) Prohibited Uses.
discussed Cited as authority (rule) State v. Peterson
Ohio Ct. App. · 2025 · confidence medium
Third Assignment of Error: Admissibility of Relevant Evidence {¶39} “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Dodridge
Ohio Ct. App. · 2025 · confidence medium
Standard of Review {¶44} “ ‘A trial court has broad discretion in the admission or exclusion of evidence, and so long as such discretion is exercised in line with the rules of procedure and evidence, its judgment will not be reversed absent a clear showing of an abuse of discretion with attendant material prejudice to defendant.’ ” State v. Jones, 2021-Ohio-2601, ¶ 49 (4th Dist.), quoting State v. Ward, 2003-Ohio-5650, ¶ 32 (4th Dist.), in turn citing Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). “ ‘[T]rial witnesses may be impeached pursuant to Evid.R. 613(B) through the u…
discussed Cited as authority (rule) State v. Burton
Ohio Ct. App. · 2025 · confidence medium
Standard of Review {¶ 42} The admission or exclusion of evidence lies in a trial court's sound discretion "so long as such discretion is exercised in line with the rules of procedure and evidence." Rigby v. Lake County, 58 Ohio St.3d 269, 271 (1991); State v. Sage, 31 Ohio St.3d 173 , (1987).
discussed Cited as authority (rule) State v. Stevens
Ohio Ct. App. · 2025 · confidence medium
Appellant also argues the trial court erred in admitting evidence a bag of stolen clothing was found in Appellant’s car. {¶16} “A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). {¶17} Evid.
discussed Cited as authority (rule) Shephard v. CrossCountry Mtge., Inc.
unknown court · 2025 · confidence medium
The trial court’s discretion to admit or exclude evidence is broad “so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Mayweather
Ohio Ct. App. · 2025 · confidence medium
Appellant argues this evidence was inadmissible other acts evidence. {¶12} “A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). {¶13} Evid.R. 404(B) provides in pertinent part: (B) Other Crimes, Wrongs or Acts. (1) Prohibited Uses.
discussed Cited as authority (rule) State v. Mason
Ohio Ct. App. · 2025 · confidence medium
Standard of Review {¶ 11} The admission or exclusion of evidence lies in a trial court's sound discretion "so long as such discretion is exercised in line with the rules of procedure and evidence." Rigby v. Lake County, 58 Ohio St.3d 269, 271 (1991); State v. Sage, 31 Ohio St.3d 173 (1987).
discussed Cited as authority (rule) State v. Kessler
Ohio Ct. App. · 2025 · confidence medium
Appellant did not object to this testimony; therefore, we must find plain error in order to reverse. {¶43} “A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). {¶44} Evid.R. 404(B) provides: Prohibited Uses.
discussed Cited as authority (rule) State v. Gibson
Ohio Ct. App. · 2025 · confidence medium
Standard of Review A trial court has broad discretion to determine the admissibility of evidence “so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Dean
Ohio Ct. App. · 2025 · confidence medium
Also State v. Green, 18 Ohio App.3d 69, 70-72 (10th Dist. 1984) (an occupant was likely to be present in a house when he had moved into another residence but continued to return to the house on a regular basis to move items and make repairs). {¶29} The second assignment of error is without merit. {¶30} In his first assignment of error, Dean argues that the trial court erred in not admitting a voicemail in which real estate agent Oberdove indicated that her clients did not wish to pursue charges, supporting his theory that the Sheriff, rather than the homeowners, wished to pursue the charges.…
discussed Cited as authority (rule) State v. King
Ohio Ct. App. · 2025 · confidence medium
The Court: I [am] going to sustain it again. {¶42} “ ‘[A] trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of Ross, 23CA7 27 procedure and evidence.’ ” State v. Jackson, 2020-Ohio-5339, ¶ 21 (5th Dist.), quoting Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Perrine
Ohio Ct. App. · 2024 · confidence medium
Licking County, Case No. 2024 CA 00044 6 {¶13} “A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). {¶14} Evid.
discussed Cited as authority (rule) State v. Casto-Triplett
Ohio Ct. App. · 2024 · confidence medium
State v. Estep, 2024-Ohio-58 , ¶ 63 (4th Dist.). {¶24} The decision regarding whether to admit evidence at trial is within the sound discretion of the trial court: “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rule of procedure and evidence.” Rigby v. Lake Cty, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. King
Ohio Ct. App. · 2024 · confidence medium
I., II., III. {¶11} In his first three assignments of error, Appellant argues the trial court erred in admitting Exhibit C, the body camera video capture of the bar’s security camera video, because Deputy Webster did not properly authenticate the video. {¶12} “A trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). {¶13} Pursuant to Evid.R. 901(A), authentication or identification is a c…
discussed Cited as authority (rule) Kontur v. Kontur
Ohio Ct. App. · 2024 · confidence medium
STANDARD OF REVIEW {¶50} The admission or exclusion of evidence must be analyzed under an abuse of discretion standard of review “so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake County, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Newlon
Ohio Ct. App. · 2024 · confidence medium
Hearsay {¶83} Evid.R. 801(C) defines hearsay as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” {¶84} “[A] trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) Linn v. Utt
Ohio Ct. App. · 2024 · confidence medium
III {¶33} In his third assignment of error, Father maintains the trial court abused its discretion or committed plain error in admitting uncertified exhibits, which were prejudicial to him. {¶34} The admission or exclusion of evidence lies in a trial court's sound discretion “so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake County, 58 Ohio St.3d 269, 271 (1991); State v. Sage, 31 Ohio St.3d 173 (1987).
discussed Cited as authority (rule) State v. Jones
Ohio Ct. App. · 2024 · confidence medium
Ashland County, Case No. 23-COA-016 5 STANDARD OF REVIEW {¶13} “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake County, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) N.T. v. J.W.
Ohio Ct. App. · 2024 · confidence medium
Standards of Review {¶ 29} A trial court typically has broad discretion as to the admissibility of evidence in a particular case, “so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991). “‘On appeal, challenged hearsay is subject to de novo review under the applicable hearsay rule, rather than the more deferential review employed for discretionary rulings.’ State v. Richcreek, 196 Ohio App.3d 505 , 2011-Ohio-4686 , 964 N.E.2d 442 (6th Dist.), ¶ 32.” State v. Kanable, 2020-Ohio-4335, ¶ 19 (6th D…
discussed Cited as authority (rule) State v. Wiseman
Ohio Ct. App. · 2023 · confidence medium
STANDARD OF REVIEW “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rule of procedure and evidence.” Rigby v. Lake Cty, 58 Ohio St.3d 269, 271 (1991).
cited Cited as authority (rule) Vacheresse v. Paulchel
Ohio Ct. App. · 2023 · confidence medium
No. 13AP-1042, No. 22AP-583 8 2014-Ohio-4585, ¶ 4 , quoting Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Wilson
Ohio Ct. App. · 2023 · confidence medium
We disagree. {¶39} “Ordinarily a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cnty., 58 Ohio St.3d 269, 271 (1991). {¶40} Though a party is not required to proffer excluded evidence under Evid.R. 103, the substance of the excluded evidence must be apparent to the court from which questions were asked in order to preserve any alleged error for review.
discussed Cited as authority (rule) State v. Wilson
Ohio Ct. App. · 2023 · confidence medium
We disagree. {¶41} “Ordinarily a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake City, 58 Ohio St.3d 269, 271 (1991). {¶42} Evid.R. 801(D)(2)(e) provides that a statement is not hearsay if made by a co-conspirator during and in furtherance of the conspiracy.
discussed Cited as authority (rule) State v. Heatherington
Ohio Ct. App. · 2022 · confidence medium
We disagree. {¶95} “Ordinarily a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake City, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Morgan
Ohio Ct. App. · 2021 · confidence medium
Standard of Review {¶ 36} "Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence." Rigby v. Lake City, 58 Ohio St.3d 269, 271 (1991).
cited Cited as authority (rule) Berete v. Berete
Ohio Ct. App. · 2021 · confidence medium
No. 06AP-698, 2007-Ohio-1241, ¶ 13 , citing Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Edwards
Ohio Ct. App. · 2021 · confidence medium
We disagree. {¶34} “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rule of procedure and evidence.” Rigby v. Lake Cty, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Williams
Ohio Ct. App. · 2021 · confidence medium
Standard of Review {¶22} “Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised Delaware County, Case No. 20 CAA 03 0017 6 in line with the rules of procedure and evidence.” Rigby v. Lake City, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Romy (2×)
Ohio Ct. App. · 2021 · confidence medium
“Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake City, 58 Ohio St.3d 269, 271 (1991).
cited Cited as authority (rule) State v. Smith
Ohio Ct. App. · 2020 · confidence medium
Rigby v. Lake City, 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Scheffield
Ohio Ct. App. · 2017 · confidence medium
Ashtabula No. 2013-A-0040, 2014-Ohio-158, ¶44 (citation omitted). {¶76} “[A] trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
discussed Cited as authority (rule) State v. Brown
Ohio Ct. App. · 2016 · confidence medium
As a result, such testimony infringes upon the fact-finding function of the jury and affects the fundamental fairness of the trial. {¶34} “[A] trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 (1991).
Retrieving the full opinion text from the archive…
Rigby, Admr.
v.
Lake County American Motors Corporation
No. 89-2205.
Ohio Supreme Court.
Apr 10, 1991.
569 N.E.2d 1056
Ulrich & Cantor and Abraham Cantor, for appellees., Crabbe, Brown, Jones, Potts & Schmidt, Charles E. Brown and Steven B. Ayers, for appellant.
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright.
Cited by 415 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Ohio Court of Appeals (4)
Sweeney, J.

While we appreciate the caution and concern expressed by the court of appeals below regarding unsigned or unacknowledged testimony submitted before a jury, we do not believe that the trial court erred in admitting the deposition at issue under the facts and circumstances of this case. Accordingly, for the reasons that follow, we reverse the judgment of the court of appeals.

Ordinarily, a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence. The admission of relevant evidence pursuant to Evid. R. 401 rests within the sound discretion of the trial court. E.g., State v. Sage (1987), 31 Ohio St. 3d 173, 31 OBR 375, 510 N.E. 2d 343, paragraph two of the syllabus. An appellate court which reviews the trial court’s admission or exclusion of evidence must limit its review to whether the lower court abused its discretion. State v. Finnerty (1989), 45 Ohio St. 3d 104, 107, 543 N.E. 2d 1233, 1237. As this court has noted many times, the term “abuse of discretion” connotes more than an error of law; it implies that the court acted unreasonably, arbitrarily or unconscionably. E.g., Blakemore v. Blakemore (1983), 5 Ohio St. 3d 217, 219, 5 OBR 481, 482, 450 N.E. 2d 1140, 1142.

Plaintiffs argue that the admission of the Ramisch deposition, without a signature or waiver thereof, had a prejudicial effect on their case against AMC and would be inconsistent with substantial justice. However, we believe the evidence indicates otherwise. Plaintiffs alleged that AMC’s negligence in designing or manufacturing its product “enhanced” the injuries sustained by the Darling children. AMC countered that if it were negligent at all, then it had a right to be indemnified by the county with whom plaintiffs had settled since, theoretically, plaintiffs’ claim against AMC would not have arisen but for the negligence of the county. Hence, AMC had to prove the county’s negligence by a preponderance of the evidence and stated at trial that it proffered Ramisch’s expert testimony deposition for that purpose. While AMC read the entire deposition into evidence, the appellate court majority below and plaintiffs herein quote only that part of the deposition wherein the deponent-expert stated that he believed the county’s negligence was the cause of the accident.[3] While, admittedly, the expert’s opinion in this instance does not support plaintiffs’ claim against AMC, the entire deposition is nevertheless relevant with respect to AMC’s claim for indemnity from the county, and the trial court did not abuse its discretion in admitting such expert deposition testimony. In any event, a careful review of the entire deposition[*272] reveals that the expert stated at least twice that the driver and the vehicle involved must also be considered when attempting to determine the cause of a particular accident. While the particular passage quoted by the court of appeals would appear to undermine plaintiffs’ claim against AMC since it tends to place the entire fault of the accident on the county, our review of the entire deposition indicates that plaintiffs were not unduly prejudiced by its admission into evidence. In our view, even if it were error to admit the deposition in this context, such error would have been harmless pursuant to Civ. R. 61.

Notwithstanding the foregoing, we hold that plaintiffs waived any error in the admission of the deposition by their failure to file a motion to suppress the deposition before the trial court.

AMC contends that since the deposition was filed with the trial court four days before its use at trial, thereby giving plaintiffs notice of its intended use, the plaintiffs should have filed a motion to suppress the deposition as required by Civ. R. 32(D)(4), instead of merely objecting to its introduction into evidence.

Civ. R. 32(D)(4) provides:

“Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rule 30 and Rule 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.” (Emphasis added.)

Although not recently addressed by this court, the principle emphasized above in the foregoing Civil Rule and its predecessor provisions (e.g., former R.C. 2319.29) has been uniformly adhered to in this state. See Crosby v. Hill (1883), 39 Ohio St. 100, 105; Crowell v. Western Reserve Bank (1854), 3 Ohio St. 406, paragraph one of the syllabus; Cowan v. Ladd (1853), 2 Ohio St. 322, paragraph one of the syllabus; Ralston v. Stout (1965), 1 Ohio App. 2d 491, 494, 30 O.O. 2d 508, 510, 205 N.E. 2d 405, 408; and Nickey v. Brown (1982), 7 Ohio App. 3d 32, 35-36, 7 OBR 34, 38-39, 454 N.E. 2d 177, 182.

In Cowan, supra, for example, it was held that objections were waived despite multitudinous defects in a deposition introduced into evidence, where the opposing party failed to object to the deposition prior to trial.

Under the particular circumstances of this case, we find that plaintiffs were aware of the intended use of the Ramisch deposition prior to its use at trial, and plaintiffs’ failure to file a motion to suppress the deposition pursuant to Civ. R. 32(D)(4) effectively waived the claimed error that the deposition evidenced neither a signature nor a waiver thereof. As such, since plaintiffs failed to move with due diligence to suppress the Ramisch deposition, the trial court did not err in its admission of said deposition at trial.

Accordingly, the judgment of the court of appeals is hereby reversed.

Judgment reversed.

Moyer, C.J., Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.
3

The passage from Ramisch’s deposition extracted by the court of appeals is as follows:

“Q. Your conclusion which you have stated before has not been changed but indeed has been reinforced, that is, but for the failure on the part of Lake County to provide a reasonably safe road Justin Darling would not have been killed and Joshua Darling would not have been seriously injured; is that still your conclusion?
“A. Yes, it is still my conclusion.”