Horne v. Milgrim
Horne v. Milgrim, 226 Va. 133, 306 S.E.2d 893 (1983) was an action at law arising in a wrongful death case.
In Horne, the plaintiff sought to introduce the defendant's deposition at trial, pursuant to Rule 4:7(a)(3). That rule states:
The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Rule 4:5(b)(6) or 4:6(a) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party may be used by an adverse party for any purpose. Id.
The trial court found that Rule 4:7(a)(3) was inapplicable, thereby forcing the plaintiff to call the defendant as an adverse witness.
The Supreme Court of Virginia reversed, finding that the trial court erred by barring the plaintiff from introducing the adverse party's deposition. See Horne, 226 Va. at 138, 306 S.E.2d at 895.