Michael Jauch v. Joe Corley, Sheriff of Montgomery County, Texas

WISDOM, Circuit Judge:

This appeal presents two questions: whether the district court committed reversible error in admitting a deposition at trial; and whether the trial court’s jury instructions were deficient. The defendant, Joe Corley, argues that the deposition contained highly prejudicial testimony that was admitted without the plaintiff, Michael Jauch, having furnished the predicate for its admission required by Federal Rule of Civil Procedure 32(a)(3). This rule requires a showing, before the deposition is admissible, that the witness giving the deposition is unavailable or that…