Walton v. Patil: How the Supreme Court of Nebraska Breached the Applicable Standard of Care When Interpreting the Admissibility of Deposition Testimony under Nebraska Court Rule of Discovery 32

Abstract

INTRODUCTION|Nebraska courts have operated under rules similar to the Federal Rules of Evidence and the Federal Rules of Civil Procedure for many years. In doing so, the Nebraska courts have faced the issue of whether Nebraska Court Rule of Discovery 322 ("N.C.R.D. 32"), the Nebraska counterpart to Federal Rule of Civil Procedure 323 ("F.R.C.P. 32"), created an independent hearsay exception. Unquestionably, F.R.C.P. 32 provides for the admission of a deposition into evidence under some circumstances, such as when the witness is more than 100 miles from the trial. Conversely, Nebraska Rule of Evidence 8046 ("N.R.E. 804"), the Nebraska counterpart to Federal Rule of Evidence 8047 ("F.R.E. 804"), provides for the admission of a deposition into evidence only after an actual showing of unavailability. Unlike the actual showing of unavailability required under N.R.E...