Shields v. Reddo

In this dramshop action,1 we are required to decide whether the deposition given by a former employee of the defendant bar owner was admissible as evidence at trial, despite the rule against hearsay, where plaintiff had made no showing that the deponent was unavailable to testify in person. Contrary to plaintiffs contention that the deposition should have been admitted under a court rule, MCR 2.308(A)(1)(b), we conclude that its admissibility is controlled by the Rules of Evidence. We hold, under the circumstances of this case, that the deposition was properly excluded as hearsay, and the…