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Hearsay is inadmissible »

There are many hearsay exceptions »

Federal Rule 804 or comparable State rule establishes various exceptions »

These exceptions apply only if declarant unavailable »

Federal Rule 804(b)(1) or comparable State rule - former testimony »

Necessity of similar motive and opportunity to examine witness in former proceeding »

In criminal action prior testimony must have been given against same party: The hearsay exception...

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Rule: a rule of law

The hearsay exception for prior testimony applies in a criminal trial or proceeding only if the prior testimony was given against the person who is now the defendant in the criminal proceeding or trial.

Contributed in 2009 & last edited in 2009 by Peter Tillers

All (4) Cases (4) Statutes, Regs, Rules (0)

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