1802

Plaintiff has not shown that Haller is unavailable. Unavailability is a term of art. It does not mean unavailable as a practical matter, but as a legal matter because it satisfied one of the 5 definitions in 804(a). The closest one is (5), but MacPherson did not subpoena him, so she cannot show that she has been unable to procure his attendance by process.

Questions? Email tanford@indiana.edu and refer to 1802

Problem 18B. The plaintiff's lawyer proves that a witness (Regina) has been confined to bed with a pregnancy-related problem and produces a note from her doctor stating his medical opinion that it would endanger the witness's health for her to travel to trial.

Plaintiff offers her deposition into evidence and the defense objects. How should the plaintiff respond to the objection? When you think you know the answer, click here