Mid-West Nat. Life Ins. Co. of Tennessee v. Breton

2 Citing cases

  1. Robinson v. Crown Equipment Corporation

    2:02CV00084-WRW (E.D. Ark. Sep. 26, 2007)   Cited 1 times

    Battle ex rel. Battle v. Memorial Hospital at Gulfport, 228 F.3d 544 (5th Cir. 2000) (containing a thorough discussion of the use of depositions at trial); see also Frechette v. Welch, 621 F.2d 11 (1st Cir. 1980) (holding that the right of a party to use a deposition at trial was a matter of federal law).Mid-West Nat. Life Ins. Co. of Tennessee v. Breton, 199 F.R.D. 369, 371 (N.D. Fla. 2001). Those conditions are: (1) the witness is dead; (2) the witness lives over 100 miles away; (3) the witness is too infirm to attend a trial; (4) the witness cannot be subpoenaed; or (5) the witness cannot attend due to other exceptional circumstances.

  2. In re Lowery

    292 B.R. 645 (Bankr. E.D. Mo. 2003)   Cited 15 times

    Although it is unclear whether Judge Dildine was "unavailable" as a witness under Fed.R.Evid. 804, both parties waived any objection to the other party's introduction of Judge Dildine's deposition testimony by introducing a portion of his deposition at trial. Fed.R.Civ.P. 32(a)(4); Mid-West Natl. Life Ins. Co. v. Breton, 199 F.R.D. 369, 371-72 (N.D.Fla.2001). spending two weeks in jail if Raymond paid Sandra's attorney's fees.