Conn. Practice Book § 13-30 (2026)

Sec. 13-30 envelope on the party taking the deposition and the party shall transmit the questions to the officer, who shall propound them to the witness and record the answers verbatim. (c) At any time during the taking of the deposi- tion, on motion of a party or of the deponent and upon a showing that the examination is being con- ducted in bad faith or in such manner as unrea- sonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending may order the officer conducting the examination forthwith to cease taking the deposi- tion, or may limit the scope and manner of the taking of the deposition as provided in Section 13- 5. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. (d) If requested by the deponent or any party, when the testimony is fully transcribed the deposi- tion shall be submitted to the deponent for exami- nation and shall be read to or by the deponent. Any changes in form or substance which the deponent desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the deponent for making them. The deposition shall then be signed by the deponent certifying that the deposition is a true record of the deponent’s testimony, unless the parties by stipulation waive the signing or the wit- ness is ill or cannot be found or refuses to sign. If the deposition is not signed by the deponent within thirty days after its submission to the depo- nent, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the deponent or the fact of the refusal or failure to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed unless, on a motion to suppress under Section 13-31 (d) (4), the judi- cial authority holds that the reasons given for the refusal or failure to sign require rejection of the deposition in whole or in part. (e) The person recording the testimony shall certify on the deposition that the witness was duly sworn by the person, that the deposition is a true record of the testimony given by the deponent, whether each adverse party or his agent was pre- sent, and whether each adverse party or his agent was notified, and such person shall also certify the reason for taking the deposition. The person shall then cause a watermark or other indicia of origin to be added to the deposition and shall then promptly deliver it to the party at whose request it was taken and give to all other parties a notice that the deposition has been transcribed and so 240 delivered. The party at whose request the deposi- tion was taken shall file the deposition with the court at the time of trial. (f) Documents and things produced for inspec- tion during the examination of the deponent, shall, upon the request of a party, be marked for identifi- cation and annexed to and returned with the depo- sition, and may be inspected and copied by any party, except that (1) the person producing the materials may substitute copies to be marked for identification, if the person affords to all parties fair opportunity to verify the copies by comparison with the originals, and (2) if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition to the court, pending final disposition of the case. (g) The parties may agree, or the court may upon motion order, that a deposition be taken by telephone, videoconference, or other remote electronic means. For the purposes of Sections 13-26 through 13-29 and this section, such a deposition is deemed taken at the place where the deponent is to answer questions. Except as otherwise provided in this subsection, the rules governing the practice, procedures and use of depositions shall apply to remote electronic means depositions. The following additional rules, unless otherwise agreed or ordered by the court, shall apply to depositions taken by remote elec- tronic means: (1) The presence of the officer administering the oath and recording the deposition may be remote to the deponent. An officer may administer an oath by means of an interactive audiovisual device to any party, witness or other participant in a proceeding who appears pursuant to this sec- tion, provided such officer can see, hear and clearly identify the participant to whom the oath is to be administered via the audiovisual device. (2) Nothing in subsection (g) shall prohibit any party from being with the deponent during the deposition, at that party’s expense; provided, however, that a party attending a deposition shall give written notice of that party’s intention to appear at the deposition to all other parties within a reasonable time prior to the deposition. (3) The party at whose instance the remote electronic means deposition is taken shall pay all costs of the remote electronic means deposition for the transmission from the location of the depo- nent and one site for participation of counsel located in the judicial district where the case is

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN CIVIL MATTERS Sec. 13-31 pending together with the cost of the steno- graphic, video or other electronic record. The cost of participation in a remote electronic means deposition from any other location shall be paid by the party or parties participating from such other location. (h) Notwithstanding this section, a deposition may be attended by any party by remote electronic means even if the party noticing the deposition does not elect to use remote electronic means if (1) a party desiring to attend by remote electronic means provides written notice of such intention to all parties in either the notice of deposition or a notice served in the same manner as a notice of deposition and (2) if the party electing to partici- pate by remote electronic means is not the party noticing the deposition, such party pays all costs associated with implementing such remote elec- tronic participation by that party. (i) Nothing contained in any provision providing for the use of remote electronic means deposi- tions shall prohibit any party from securing a rep- resentative to be present at the location where the deponent is located to report on the record any events which occur in that location which might not otherwise be transmitted and/or recorded by the electronic means utilized. (j) The party on whose behalf a deposition is taken shall bear the cost of the original transcript, and any permanent electronic record including audio or video recording. Any party or the depo- nent may obtain a copy of the deposition transcript and permanent electronic record including audio or video recording at its own expense. (P.B. 1978-1997, Sec. 247.) (Amended June 26, 2000, to take effect Jan. 1, 2001; amended June 30, 2003, to take effect Jan. 1, 2004; amended June 21, 2004, to take effect Jan. 1, 2005; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 9, 2023, to take effect Jan. 1, 2024; amended June 14, 2024, to take effect Jan. 1, 2025.) TECHNICAL CHANGE: A technical change was made to subsection (d) of this section to update the reference to Section 13-31 (d) (4). In addition, technical changes were made in subsection (j) to update the terminology to align with current technology and practice. Sec. 13-31. —Use of Depositions in Court Proceedings (a) Use of Depositions in Proceedings in this State. At the trial of a civil action, probate proceeding or administrative appeal, or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the wit- ness were there present and testifying, may be used against any party who was present or repre- sented at the taking of the deposition or who had 241 reasonable notice thereof, in accordance with any of the following provisions: (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. (2) The deposition of any physician, psycholo- gist, chiropractor, natureopathic physician, osteo- pathic physician or dentist licensed under the pro- visions of the General Statutes may be received in evidence in lieu of the appearance of such wit- ness at the trial or hearing whether or not the person is available to testify in person at the trial or hearing. (3) The deposition of a party or of anyone who at the time of the taking of the deposition was an officer, director, or managing agent or employee or a person designated under Section 13-27 (h) to testify on behalf of a public or private corpora- tion, partnership or association or governmental agency which is a party may be used by an adverse party for any purpose. (4) The deposition of a witness other than a person falling within the scope of subdivision (2) hereof, whether or not a party, may be used by any party for any purpose if the judicial authority finds: (A) that the witness is dead; (B) that the witness is at a greater distance than thirty miles from the place of trial or hearing, or is out of the state and will not return before the termination of the trial or hearing, unless it appears that the absence of the witness was procured by the party offering the deposition; (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (D) that the party offer- ing the deposition has been unable to procure the attendance of the witness by subpoena; (E) that the parties have agreed that the deposition may be so used; (F) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testi- mony of witnesses orally in open court, to allow the deposition to be used. (5) If only part of a deposition is offered in evi- dence by a party, an adverse party may require the party to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts. (6) Substitution of parties does not affect the right to use depositions previously taken; and when an action in any court of the United States or of any state has been dismissed and another action involving the same subject matter is after- ward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the

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