Representing PLAINTIFF in a lawsuit pertaining to a motor vehicle incident. Among other issues, there is a liability dispute.

During the client meeting, your client tells you that a witness at the scene revealed that she was told by the defendant, after the accident, that he was "Always 'high' on marijuana while driving". Your office has deposed the witness and she repeated during her deposition testimony that Defendant, after the accident, mentioned he was "Always 'high' on marijuana while driving". She also testified she does not know the defendant personally.

However, despite a statement attributed to the witness in the police report, there is no mention of this statement. Further, the police officer who investigated the accident, during his deposition testimony, stated the defendant was never given a field sobriety test and no one mentioned potential impairment or intoxication to him at the scene. Finally, records reveal no testing was ever done, thus there is no objective evidence of the defendant's marijuana use.

You would like to have the witness repeat this testimony in court, during the trial when she testifies. You have tried to serve a subpoena for her to appear at trial but have found out she no longer lives at the address given during the deposition. It is possible she has moved out of state.

Draft a memo outlining all possible evidentiary arguments, from both the plaintiff's and defendant's perspectives, surrounding the admission of the witness's testimony pertaining to Defendant's marijuana use.