Civil Procedure – Assessmentback
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A patron at a private park was injured while operating a small boat he rented from the park. The patron subsequently filed a civil tort action against the park in federal district court, seeking to recover compensatory damages for the injury. Prior to trial, the park took the deposition of a witness, another visitor to the park who saw the patron’s accident. The park properly served notice of the deposition on all parties, and all parties were represented at the deposition. The deposition took place in the witness’s home town, which is 140 miles from the park and the court where the action is pending. At the time of trial, the witness is at home, and the park’s attorney seeks to read the witness’s deposition testimony into evidence. The attorney for the plaintiff patron objects to the use of the witness’s deposition.
May the park present the deposition into evidence?CorrectIncorrect
A restaurant owner properly sued a food supplier in federal district court for breach of contract and timely demanded a jury trial. The complaint asserted both legal and equitable claims.
Which of the following statements correctly states the proper order for trying both claims?CorrectIncorrect