Define: Former Testimony Exception

The former testimony exception is a legal rule that allows the admission of a witness’s prior testimony into evidence in a current trial, even if the witness is unavailable to testify.

The former testimony exception can be used when the witness is unavailable to testify due to death, illness, or other reasons recognized by the court.

Under the former testimony exception, prior testimony given in a deposition, grand jury proceeding, or previous trial can be admitted into evidence.

Yes, for the former testimony to be admissible, it must have been given under oath or affirmation during the prior proceeding.

Yes, the former testimony exception can be used in both civil and criminal cases, as long as the requirements for its application are met.

The court considers factors such as the unavailability of the witness, the opportunity for cross-examination during the prior proceeding, and the similarity of issues and parties involved.

Yes, the opposing party can object to the admission of former testimony based on grounds such as lack of opportunity for cross-examination or lack of similarity of issues.

No, the former testimony exception is only applicable when the witness is genuinely unavailable to testify, not when they refuse to do so.

Yes, if the witness’s memory has faded to the point where they cannot provide meaningful testimony, their prior testimony may be admitted under this exception.

Yes, if the witness is out of the court’s jurisdiction and their presence cannot be reasonably obtained, their prior testimony may be admitted under the former testimony exception.