BATCHELDER, J.
In this medical malpractice action, the jury returned a verdict for the defendant, and the plaintiffs appeal on the ground that the Superior Court (Goode, J.) erred by admitting the deposition of a non-party witness without a showing of unavailability, in violation of Rule 804 of the New Hampshire Rules of Evidence (hereinafter Rule 804). We affirm the verdict because the deposition was admissible under RSA 517:1, which was still in effect at...
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