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If the declarant is unavailable, Federal Rule of Evidence 804(b)(1) or a comparable State rule creates a hearsay exception for testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

Contributed in 2009 & last edited in 2009 by Peter Tillers

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