mother copper Logo
[ CVC ] [ CCCP ] [ CPC ] [ CEC ] [ CGC ] [ BOR ]

California Evidence Code (CEC)

CEC Description Reference
CEC 1291

California Evidence Code Section 1291 - Former Testimony

(a) Evidence of former testimony is not made inadmissible by
    the hearsay rule if the declarant is unavailable as a witness and:
    (1) The former testimony is offered against a person who offered
        it in evidence in his own behalf on the former occasion or against
        the successor in interest of such person; or
    (2) The party against whom the former testimony is offered was a
        party to the action or proceeding in which the testimony was given
        and had the right and opportunity to cross-examine the declarant with
        an interest and motive similar to that which he 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:
    (1) Objections to the form of the question which were not made at
        the time the former testimony was given.
    (2) Objections based on competency or privilege which did not
        exist at the time the former testimony was given.

onecle.com