Question: Preston is the plaintiff in a civil lawsuit against Dalton. During the discovery phase of the case, Dalton's attorney took Preston's deposition. The trial of the case is in process. Dalton's attorney has offered Preston's deposition as evidence. Preston's attorney has objected, arguing that Preston is neither dead nor unavailable to testify in person, and that the deposition therefore should not be allowed admitted into evidence. Is Preston's attorney correct?