In re Holmes (Ch. 11 Case No. 02-52793, Adv. No. 03-05280)

The defendant sought to tender into evidence the sealed deposition of the sole shareholder and controlling person of a corporation that was a party in the adversary proceeding. The court admitted the deposition into evidence, noting that Federal Rule of Civil Procedure 32(a)(2) permits a party to introduce the deposition of an adversary as part of his substantive proof regardless of the adversary's availability to testify at trial.

Thursday, April 27, 2006