In separate lawsuits, the driver of a car and the passenger both sued the defendant for injuries sustained when the defendant's car struck the driver's car. In the passenger's lawsuit, he testified that he was not paying attention to the other cars on the road at the time of the accident, but offers into evidence the prior deposition testimony of the driver. At that deposition, the driver had testified that she noticed the defendant's car swerving in the lane next to her and suddenly crossing into her lane and colliding with her car. The driver had moved out of state shortly after her lawsuit concluded. No attempt was made to locate the driver or procure her attendance. Should the court admit the deposition testimony over the defendant's objection? Group of answer choices Yes, because the statement was made under oath at a prior deposition. No, because it is hearsay not within any exception. No, because the passenger and the driver filed separate lawsuits and therefore are not co-parties. Yes, under the former testimony exception to the hearsay rule