1808

I would overrule the objection and admit the deposition as former testimony. Rule 804(b)(1) does not say the party had to have a lawyer present or have actually participated. It merely says the party must have had the opportunity to develop the testimony. Big Red had that opportunity.

Questions? Email tanford@indiana.edu and refer to 1808

Problem 18F. If the deposition is offered by the prosecution against Jane in a criminal case, what objection can Jane’s attorney make? When you think you know the answer, click here