Also known as: Rule 32 · Fed. R. Crim. P. 32 · FRCrimP 32
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule that governs the use of depositions at hearings or trial in federal civil cases. It permits such use against a party only when the party was present or represented at the deposition or had reasonable notice of it, the testimony meets the Federal Rules of Evidence standards as if the deponent were present and testifying, and the use falls within one of the categories listed in Rules 32(a)(2) through 32(a)(8).
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Felicia Fuentes designates portions of a prior deposition for use at trial. The opposing party serves a list of objections fourteen days later identifying hearsay problems with certain excerpts. The court considers only those timely objections when deciding admissibility.
Frank Fisher pleads guilty and faces sentencing. The government calls him to testify about related conduct. Fisher invokes the Fifth Amendment. The court sustains the privilege because further testimony could increase his sentence exposure.
Farid Farahani receives a within-guidelines sentence. On appeal he challenges its reasonableness. The court applies a presumption of reasonableness because the sentence aligns with the Sentencing Commission's considered judgment.
Frederick Ferguson is sentenced under mandatory guidelines that increase his range based on judge-found facts. The Supreme Court holds the mandatory regime violates the Sixth Amendment and excises the provision that made the guidelines binding.
Fiona Foster is convicted of murder. The sentencing judge relies on a presentence report containing out-of-court statements. The Court upholds the procedure because traditional sentencing practice permits consideration of such materials without live confrontation.
Francois Fortier is convicted of murder. The jury receives instructions guiding its discretion in choosing between life and death. The Court sustains the statute because the guided-discretion scheme avoids arbitrary imposition of the death penalty.
The party against whom the deposition is offered must have been present or represented or had reasonable notice. The testimony must be admissible under the Federal Rules of Evidence if the deponent testified live. The use must be authorized by one of the specific provisions in Rules 32(a)(2) through 32(a)(8).
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Actual knowledge received by counsel that supplies the date, time, and subject of the deposition can satisfy reasonable notice when it affords a meaningful opportunity to participate or object. Formal service of process is not always required if the purpose of the rule is fulfilled.
…that a presentence report containing information about a defendant's background be prepared for use by the sentencing judge. Rule 32 (c). The importance of obtaining accurate sentencing information is underscored by the Rule's direction to the sentencing court to "afford the defendant or his counsel an opportunity to…
…p. s., which provides that "[t]he court shall resolve disputed sentencing factors at a sentencing hearing in accordance with Rule 32(c)(1), Fed.
…of convicted offenders.[^maj-6] A recent manifestation of the historical latitude allowed sentencing judges appears in Rule 32
…law, under the Federal Rule
…fails properly to reflect § 3553(a) considerations, or perhaps because the case warrants a different sentence regardless. See Rule 32
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A court must exclude any portion that would be inadmissible under the Federal Rules of Evidence if the deponent were present and testifying. Hearsay, speculation, and lack of personal knowledge remain grounds for exclusion.
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A subpoena identifying only the time and place of an administrative deposition does not constitute reasonable notice when the recipient has no right to cross-examine and the notice fails to disclose potential use in a separate civil action.
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Objections to competence, relevance, or materiality that could not have been cured at the deposition may be raised at trial. Hearsay and foundation objections survive because they concern the content rather than the taking of the deposition.
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