CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Former Testimony
.........Use Against Non-Party
............Similar Motive
2 Cards On This Topic:
  • Similarity of motive determined by practical considerations, not mere similarity of position of parties. Depo testimony not equivalent to SJ affidavit.
  • In product liability case, depositions of manufacturer's employees inadmissible against distributor.