A number of investors have brought a class action against Dana Defaul, alleging that she defrauded them by making intentional misrepresentations with respect to interests in a real estate development.

The plaintiffs have called Walter Weems to the stand. Weems testified, during his deposition, that Defaul made certain representations to the buyers. Weems was a prospective buyer at the meeting when Defaul allegedly made the representations, but chose not to invest. In the time since his deposition, Weems began a course of drug treatment for a serious medical condition that impaired his memory.

Weems is on the stand and has testified under oath that he recalls neither the meeting nor any events that may have occurred during the meeting.

Assuming that his deposition is properly authenticated, is it admissible over Defaul's hearsay objection?