CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Former Testimony
.........In General
............Requirements for Admission
12 Cards On This Topic:

Transcript of testimony is prima facie evidence of such testimony.

Trial court did not err in determining DA had been reasonably diligent in attempting to locate W1 for penalty retrial, did not err in deeming W1 unavailable, and properly admitted his testimony from first trial.

As D not legally compelled to testify re coD's assertions in San Bernardino County trial, that testimony not rendered inadmissible in Orange County trial.

D waived argument that court's remarks to jury re W's unavailability to testify bolstered credibility of W's prelim. hrg. testimony by not objecting below.

Reversal required where DA did not meet burden of showing due diligence in procuring attendance of out-of-state W, and admission of her conditional exam. testimony violated D's confrontation rights.

Reversible error to allow DA to introduce V's recanted prelim. hearing testimony and argue untrue theory of gang threats; as jury was allowed to view the evidence in a false light, justice demanded a new trial.

Evid. Code §1292 didn't allow entry of O's prior testimony, because Ps had no opportunity to X-examine him, and prior direct exam. by DA in crim. case not a substitute for X-exam right in present case.

Testimony from crim. trial inadmissible to support SJ motion in civil case when testimony subject to Evid. Code §1292 objection and declarant not unavailable.

Use of former testimony requires witness unavailability established by reasonably diligent search in places where witness likely to be found.

Requirements for admission of prelim testimony at trial.

Rules summarized re unavailability of DA's witnesses and admission of prior testimony.

Use of prior testimony improper where parties not identical.