Rule 7032 Using Depositions in Court Proceedings

When someone takes a deposition during a bankruptcy lawsuit, they can use that recorded testimony later in court. The rules for how and when depositions can be used come from the Federal Rules of Civil Procedure, specifically Rule 32.

This means the same rules that apply in regular federal court cases also apply in bankruptcy adversary proceedings. An adversary proceeding is a separate lawsuit filed within a bankruptcy case, such as when someone is fighting over whether a debt should be wiped out or whether property was transferred unfairly.

If you are part of an adversary proceeding, any depositions taken in your case can be used as evidence under the same conditions as in any other federal lawsuit. For example, if a witness is unavailable to testify at trial, their deposition may be read aloud or shown to the judge instead.