- 32 - testify, and, thus, there is no basis to claim his unavailability on the ground that he persisted in refusing to testify in the face of an order of the Court to do so. Moreover, respondent asserts that, even if the Court finds that Mr. London is unavailable, his deposition in the wrongful levy suit is not the type of former testimony described by rule 804(b)(1) of the Federal Rules of Evidence because the purpose of the deposition was to investigate Mrs. London's claim of an interest in two brokerage accounts, neither of which was included as an asset in the net worth statement used in these cases. Notwithstanding respondent's objection to the introduction of the entire deposition into evidence, respondent proffered approximately 11 pages of the deposition as an admission by a party opponent. In response, petitioners argue that if this portion of the deposition is accepted into evidence, then rule 106 of the Federal Rules of Evidence requires the receipt of the entire deposition into evidence on the ground that the entire deposition "ought in fairness to be considered contemporaneously with" the portion introduced by respondent.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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