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Rule 32 of the Federal Rules of Civil Procedure provides: (a) Use of Depositions. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (B) that the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition . . .Courts have held that nothing prohibits the use of a discovery deposition at trial, particularly against the party who conducted it. See Savoie v. Lafourche Boat Rentals, Inc., 627 F.2d 722, 724 (5th Cir. 1980).
The Federal Rules of Civil Procedure make no distinction for use of a deposition at trial between one taken for discovery purposes and one taken for use at trial (de bene esse). See Rule 32 (use of depositions in court proceedings). Moreover, we are unaware of any authority which makes that distinction. See Savoie v. Lafourche Boat Rentals, Inc., 627 F.2d 722, 724 (5th Cir. 1980) (no authority 'in support of the proposition that discovery ...
