The hearsay exception for former testimony can apply even if the issues in the former proceeding were not the same or were not substantially the same as the issues in the proceeding in which the former testimony is offered.

Fed. R. Evid. 804(b)(1) advisory committee's note ("As a further assurance of fairness in thrusting upon a party the prior handling of the witness, the common law also insisted upon identity of parties, deviating only to the extent of allowing substitution of successors in a narrowly construed privity. Mutuality as an aspect of identity is...In a civil action the hearsay exception for prior testimony can apply even if the prior testimony was offered against another party in the previous proceeding. It is enough if the party against whom the prior testimony was a predecessor in interest that had an opportunity and similar motive to develop the declarant's testimony the in the prior proceeding by direct, cross, or redirect examination.

Cf. United States v. Solomon, 399 F.3d 1231, pin? (10th Cir. 2005) (convictions for possession of cocaine with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm; defendant asserted that...The Compulsory Process Clause of the Sixth Amendment to the U.S. Constitution grants a criminal defendant the right to introduce exculpatory evidence that is probative of and relevant to a material issue.

United States v. Feliz, 467 F.3d 227, 236-237 (2d Cir. 2006) (upholding trial court's admission of the autopsy reports because (1) "the autopsy reports [were] business records as defined in FED. R. EVID.....no