1806

It seems admissible as former testimony because  plaintiff has shown unavailability under 804(a)(3).  Roulet has testified to a lack of memory of this subject. Note that only the portion of the deposition related to the memory loss is admissible.

Questions? Email tanford@indiana.edu and refer to 1806

Problem 18D. If a videotaped deposition is objected to as hearsay, is it admissible?

First, is a videotaped deposition hearsay at all? If the plaintiff argued that since the jury could see the declarant testifying on the tape personally, it does not meet the definition of hearsay, how should the judge rule? When you think you know the answer, click here .