This section contains the nature of the case and procedural background.

Richmond (P) sued Brooks (D) in New York to collect loans she had made to him when they were married. D is a resident of New York, and P is a resident of California. At the trial, P offered her deposition as proof of the loans. P in fact did not appear, and the deposition had been taken years prior to the trial. The court refused that proof and dismissed the action. The court refused to grant a mistrial or an adjournment. The trial court held that D was entitled to require the presence of P and was entitled to cross-examine her before the jury. P appealed.

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