Section 5.364. Use of depositions at hearing

(a) At hearing, part or all of a deposition, so far as admissible under 42 Pa.C.S. § § 6101—6112 (relating to rules of evidence), may be used against a party who was present or represented at the taking of the deposition or who had notice thereof if required, in accordance with one of the following provisions:

(1) A deposition may be used by a party for the purpose of contradicting or impeaching the testimony of deponent as a witness.

(2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director or managing agent of a party or a person designated under § § 5.343(e) or 5.345(a)(2) (relating to procedures in deposition by oral examination; and procedure on depositions by written questions) to testify on behalf of a public or private corporation, partnership, association or governmental agency which is a party, may be used by an adverse party for any purpose.

(3) The deposition of a witness may be used by a party for a purpose if the presiding officer finds one of the following:

(i) The witness is dead.

(ii) The witness is outside this Commonwealth, unless it appears that the absence of the witness was procured by the party offering the deposition.

(iii) The witness is unable to attend or testify because of age, sickness, infirmity or imprisonment.

(iv) The party offering the deposition has been unable to procure the attendance of the witness by subpoena.

(v) Upon application and notice that exceptional circumstances exist to make it desirable, in the interest of justice and with regard to the importance of presenting the witnesses in hearing, to allow the deposition to be used.

(4) If only part of a deposition is offered in evidence by a party, another party may require him to introduce all of it which is relevant to the part introduced, and a party may introduce other parts.

(b) Subject to § 5.347(b) (relating to taking of depositions—objections), objection may be made at the hearing to receiving in evidence deposition for reasons which would require the exclusion of the evidence if the witness were then present and testifying.

(c) A party may not be deemed to make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or a part thereof for a purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition. This does not apply to the use by an adverse party of a deposition as described in subsection (a)(2). At the hearing, a party may rebut relevant evidence contained in a deposition whether introduced by him or by another party.

The provisions of this § 5.364 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225699) to (225700).

Notation

Authority

The provisions of this § 5.364 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.