Frechette v. Welch
United States Court of Appeals for the First Circuit
621 F.2d 11 (1980)
Frechette and others (plaintiffs) sued Welch (defendant) for injuries from a car accident in federal diversity court in New Hampshire; Welch claimed he blacked out unexpectedly, relying on three doctors' testimony. One doctor testified live, but Welch introduced the depositions of the other two instead of live testimony, without establishing the unavailability requirements of Federal Rule of Civil Procedure 32(a); New Hampshire state law would have permitted using the depositions unless the objecting party could secure the deponents' attendance. The trial court admitted the depositions anyway over the plaintiffs' objection, and the jury found for Welch.
Whether a federal district court may admit a deposition at trial in lieu of live testimony where doing so would comply with state law but not with Federal Rule of Civil Procedure 32(a).