CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Except. Requiring Unavail
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Exception: Former Testimony
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Use Against Party to Former Proceeding
............Former Proceeding Examples
3 Cards On This Topic:
May not use D's prior testimony at probation revocation hearing in D's subsequent trial for offense which was basis of revocation.
Former testimony in Workers' Comp hearing admissible in subsequent contract/tort action although D not party to previous hearing.
Determination that child lacks competency makes child unavailable. Thus, when child found competent at prelim, child's prelim testimony admissible at trial.