(a) Evidence of former testimony is not made inadmissible by the hearsay rule if:

(1) The declarant is unavailable as a witness;

Terms Used In California Evidence Code 1292

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Declarant: is a person who makes a statement. See California Evidence Code 135
  • former testimony: means testimony given under oath in:

    California Evidence Code 1290

  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • unavailable as a witness: means that the declarant is any of the following:

    California Evidence Code 240

(2) The former testimony is offered in a civil action; and

(3) The issue is such that the party to the action or proceeding in which the former testimony was given had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which the party against whom the testimony is offered has at the hearing.

(b) The admissibility of former testimony under this section is subject to the same limitations and objections as though the declarant were testifying at the hearing, except that former testimony offered under this section is not subject to objections based on competency or privilege which did not exist at the time the former testimony was given.

(Enacted by Stats. 1965, Ch. 299.)

  Previous section
Next section  
 Article 9 Contents