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.
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.