Skok v. City of Glendale
In Skok v. City of Glendale, 3 Ariz. App. 254, 413 P.2d 585 (1966), an issue was the authority of the deponent to act as an agent for his cotenants in executing a sewer extension agreement with the city.
At the time of his deposition, the deponent, as here, was a party to the litigation but he was subsequently dismissed from the case. At trial, the trial court admitted the deposition into evidence at the request of the city to establish the agency of the deponent.
The appellate court reversed a judgment in favor of the city, holding that the admissibility and use of a deposition of a deponent who was a party at the time the deposition was taken is to be determined by the facts as they appear at the time the deposition is offered into evidence, and not necessarily as they existed at the time the deposition was taken.
The appellate court concluded that the deponent was neither a party nor was he adverse to the interests of the city at the time of trial.