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EXPERTS: YOU ARE NOT UNAVAILABLE!
Most courts permit the introduction of a deposition
into evidence when an expert is "unavailable." However, you may want to
think again. In Owens-Corning Fiberglas Corp. v. Malone (972 SW2d 35, Tex. 1998),
the Texas Supreme Court found that the prior recorded testimony of a CPA could not be
introduced. The court found that despite the fact that he was a resident of another state
and on a European vacation he was not "unavailable." Thus, the expert's
deposition could not be used at trial.
Certain portions of the article on this page have been reprinted with
permission of SEAK, Inc.
