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California Evidence Distinctions: CA Bar

Terms in this set (65)

Testimony given in earlier proceeding or deposition by a witness now unavailable is admissible in current proceeding if:

FRE and CA:
1. Party against whom testimony is now offered
2. was a party in the earlier proceeding,
3. had opportunity to examine the witness,
4. and its motive to conduct that exam was similar to motive it has now

OR
FRE only
1. In a CIVIL case,
2. party against whom testimony is now offered
3. was not a party in the earlier proceeding
4. but is in a privity-type relationship with someone who was a party to that earlier proceeding (a predecessor in interest) and who had an opportunity and an interest to conduct that exam similar to the interests of the party against whom testimony is now offered

OR
CA only:
1. In a CIVIL case,
2. party against whom testimony is now offered
3. was not a party in the earlier proceeding but a party in that earlier proceeding had an opportunity to exam the witness and an interest to conduct that exam similar to the interests of the party against whom the testimony is now offered

OR
CA only:
1. the former testimony is offered today
2. against the person who offered it in evidence in her own behalf in the earlier proceeding or against a successor in interest

RELATED CA LAW:
1. deposition testimony
2. given in the same CIVIL action in which hearsay is offered at trial
3. is admissible for all purposes
4. if the deponent is unavailable at trial or lives more than 150 miles from the courthouse. Otherwise, the former testimony exception does not apply to deposition testimony given in the same case in which the hearsay is offered at trial.