RULE 32                                                
          USE OF DEPOSITIONS IN COURT PROCEEDINGS                                
                                                                                 
    (a) Use of Depositions. At the trial 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 witness were        
then present and testifying, may be used against any party who was present       
or represented at the taking of the deposition or who had 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 deponent as a witness or for        
any purpose permitted by the Rules of Evidence.                                  
    (2) The deposition of a party or of anyone who at the time of taking         
the deposition was an officer, director, or managing agent, or a person          
designated under rule 30(b)(6) or 31(a) to testify on behalf of a public or      
private corporation, partnership or association or governmental agency           
which is a party may be used by an adverse party for any purpose.                
    (3) The deposition of a witness, whether or not a party, may be used by      
any party for any purpose if the court finds: (A) that the witness is dead;      
or (B) that the witness resides out of the county and more than 20 miles         
from the place of trial, unless it appears that the absence of the witness       
was procured by the party offering the deposition or unless the witness is       
an out-of-state expert subject to subsection (a)(5)(A) of this rule; or (C)      
that the witness is unable to attend or testify because of age, illness,         
infirmity, or imprisonment; or (D) that the party offering the deposition        
has been unable to procure the attendance of the witness by subpoena; or         
(E) 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 testimony of witnesses orally in open           
court, to allow the deposition to be used.                                       
    (4) If only part of a deposition is offered in evidence by a party, an       
adverse party may require him to introduce any other part which ought in         
fairness to be considered with the part introduced, and any party may            
introduce any other parts.                                                       
    (5) The deposition of an expert witness may be used as follows:              
    (A) The discovery deposition of an opposing partys rule 26(b)(5) expert      
witness, who resides outside the state of Washington, may be used if             
reasonable notice before the trial date is provided to all parties and any       
party against whom the deposition is intended to be used is given a              
reasonable opportunity to depose the expert again.                               
    (B) The deposition of a health care professional, even though available      
to testify at trial, taken with the expressly stated purpose of preserving       
the deponents testimony for trial, may be used if, before the taking of the      
deposition, there has been compliance with discovery requests made pursuant      
to rules 26(b)(5)(A)(i), 33, 34, and 35 (as applicable) and if the opposing      
party is afforded an adequate opportunity to prepare, by discovery               
deposition of the deponent or other means, for cross examination of the          
deponent.                                                                        
    Substitution of parties pursuant to rule 25 does not affect the right        
to use depositions previously taken; and, when an action has been brought        
in any court of the United States or of any state and another action             
involving the same issues and subject matter is afterward brought between        
the same parties or their representatives or successors in interest, all         
depositions lawfully taken and duly filed in the former action may be used       
in the latter as if originally taken therefor. A deposition previously           
taken may also be used as permitted by the Rules of Evidence.                    
    (b) Objections to Admissibility. Subject to the provisions of rule           
28(b) and subsection (d)(3) of this rule, 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.                                        
    (c) Effect of Taking or Using Depositions. A party does not make a           
person his own witness for any purpose by taking his deposition. The             
introduction in evidence of the deposition or any part thereof for any           
purpose other than that of contradicting or impeaching the deponent makes        
the deponent the witness of the party introducing the deposition, but this       
shall not apply to the use by an adverse party of a deposition under             
subsection (a)(2) of this rule. At the trial or hearing any party may rebut      
any relevant evidence contained in a deposition whether introduced by him        
or by any other party.                                                           
    (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 reasonable diligence.                                                       
    (3) As to Taking of Deposition.                                              
    (A) Objections to the competency of a witness or to the competency,          
relevancy, or materiality of testimony are not waived by failure to make         
them before or during 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 deposition, 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.                                                                      
    (C) Objections to the form of written questions submitted under rule 31      
are waived unless served in writing upon the party propounding them within       
the time allowed for serving the succeeding cross or other questions and         
within 5 days after service of the last questions authorized.                    
    (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 officer under rules 30 and 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.