Question
Blair is suing Tootie for battery, alleging that Tootie pushed her down the stairs of the dormitory at their boarding school, causing Blair to break
Blair is suing Tootie for battery, alleging that Tootie pushed her down the stairs of the dormitory at their boarding school, causing Blair to break her arm. Before trial, Blair deposes Mrs. Garrett, the headmistress of the school, who was present in the dormitory at the time of Blair's fall. Garrett states in her deposition that the she heard Blair and Tootie yelling at each other upstairs, and then heard Tootie say: "I'll make you pay!" and then saw Blair come tumbling down the stairs. At trial, Tootie calls Garrett to the stand. Garrett testifies that she never heard Tootie's voice at all before the accident, and she in fact had no idea that Tootie was present at the time of Blair's fall. On cross-examination, Blair's attorney asks Garrett whether she said in her deposition that she had heard Tootie's voice. Garrett admits that she said that in the deposition, but states that she was mistaken. Blair's attorney then seeks to admit that portion of the deposition into evidence. Tootie's attorney objects. The evidence is:
Group of answer choices
Admissible for any purpose.
Admissible, but with a limiting instruction stating it can only be used to impeach Garrett, not for the truth of the matter asserted.
Admissible if Blair's attorney has offered some evidence that Garrett had a motive to fabricate her testimony, and then with a limiting instruction stating it can only be used to impeach Garrett, not for the truth of the matter asserted.
Inadmissible for any purpose.
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