Conn. Practice Book § 13-31 (2026)

Sec. 13-31 former action may be used in the latter as if origi- nally taken therefor. (b) Use of Depositions in Proceedings Out- side this State. Depositions of witnesses living in this state may be taken before any of the individuals listed in Section 13-28 (a) to be used as evidence in a civil action, probate proceeding or administrative appeal pending in any court of the United States or of any other state of the United States or of any foreign country, on application of any party to such civil action, probate proceeding, or admin- istrative appeal. (c) Objections to Admissibility. Subject to the provisions of subsection (d) of this section, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. (d) Effect of Errors and Irregularities in Depositions. (1) As to notice: All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (2) As to disqualification of officer: Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with rea- sonable diligence. (3) As to taking of deposition: (A) Objections to the competency of a witness or to the compe- tency, relevancy or materiality of testimony are not waived by failure to make them before or dur- ing the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. (B) Errors and irregularities occurring at the oral examination in the manner of taking the depo- sition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition. (4) As to completion and return of deposition: Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed or otherwise dealt with by the 242 officer 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. (P.B. 1978-1997, Sec. 248; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: Prior to 2026, the title of subsection (a) read: ‘‘Use of Depositions.’’ Additionally, what is now subsec- tion (b) was added, what had been subsections (b) and (c) were redesignated as subsections (c) and (d), respectively, and in what is now subsection (c), the reference to what is now subsection (d) was updated. COMMENTARY—2026: The changes to this section have been made in response to the adoption of the Interstate Depo- sitions and Discovery Act, now codified at General Statutes § 52-655 et seq. The change to subsection (a) makes it clear that the subsection refers to the use of depositions in in-state proceedings. Subsection (b), which is a slight modification of former Section 13-28 (g) (1), applies to depositions taken in this state for out-of-state proceedings.