CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Former Testimony
.........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.