You are representing PLAINTIFF in a lawsuit about 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. During her deposition testimony, she repeated that Defendant mentioned he was "Always 'high' on marijuana while driving after the accident." She also testified she does not know the defendant personally.

You would like the witness to repeat this testimony in court 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.She may have 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 by supporting the rule of the evidence like Relevant, Reliable, Real, and evidence code section 352.