Trial-Related Issues (Including Motions in Limine)
Deposition, Use of because of Unavailability of Witness
Except as indicated, all indented material is copied directly from the court’s opinion.
Decisions of the Tennessee Supreme Court
Decisions of the Tennessee Court of Appeals
Buckley v. Carlock, No. M2019-02294-COA-R3-CV (Tenn. Ct. App. Feb. 28, 2022).
During the first phase of trial, the court admitted a witness’s deposition into evidence. A witness’s deposition may be admitted into evidence if the witness is unavailable to testify. See TENN. R. EVID. 804(b)(1), cmt. Defendants argue that the witness was not unavailable, as the trial court found. Generally, we review a trial court’s decision on the admissibility of evidence only for an abuse of discretion. State v. Davis, 466 S.W.3d 49, 61 (Tenn. 2015). This includes decisions on whether a witness was unavailable. See Hicks v. State, 490 S.W.2d 174, 179 (Tenn. Crim. App. 1972).