CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Former Testimony
.........Effect of Cross-Exam. at Prior Hearing
............Similar Interest and Motive
9 Cards On This Topic:

Trial court did not err in admitting portions of coD's cross of W at joint prelim. where D had opportunity to cross-examine W at prelim. with an interest and motive similar to that at trial.

Trial court properly, if implicitly, concluded D's "motive and interest" in cross-examining deceased W at prelim and trial were sufficiently similar to satisfy requirements of EC 1291.

D's had opportunity to cross-examine V1, who was later killed and unavailable, at prelim. hearing, in long exam that challenged his credibility, satisfying confrontation clause.

D's motives for cross-examining W during prelim hearing sufficiently similar to those at trial so as to permit admission of prelim testimony; D had opportunity to cross-examine.

As People did not have opportunity to cross-examine the witness with an 'interest and motive similar to' that which they had at trial, pretrial hearing testimony properly excluded."

Admission at D's retrial of former testimony by W now unavailable was proper under Evid. Code §1291 (a)(2); D's "interest and motive" in cross-exam identical at both trials.

D who killed victim after her testimony at prelim had similar motive to cross-examine her at trial. Her prior testimony properly admitted.

In product liability case, depositions of manufacturer's employees inadmissible against distributor.

Use of prior testimony against non-party; similar motive found.