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Simple English definitions for legal terms
former testimony exception
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A quick definition of former testimony exception:
The former testimony exception is a rule that allows a witness's previous testimony to be used in a new trial if they are unavailable to testify. This only applies if the previous testimony was given in a trial with the same issue and parties, and if the opposing side had a chance to question the witness during the first trial.
A more thorough explanation:
The former testimony exception is a rule in the Federal Rules of Evidence that allows previous testimony of a witness to be used in a second proceeding if certain conditions are met.
The two conditions that must be met are:
- The witness must have had a meaningful opportunity to be cross-examined or to develop their testimony during the first proceeding.
- The witness must be unavailable to testify in the second proceeding.
For example, if a witness testified in a criminal trial and then later became unavailable to testify in a related civil trial, their previous testimony from the criminal trial could be used in the civil trial under the former testimony exception.
Another example could be if a witness testified in a deposition during a lawsuit and then later became unavailable to testify at trial, their deposition testimony could be used in the trial under the former testimony exception.
These examples illustrate how the former testimony exception allows for previous testimony to be used in a second proceeding when the witness is unavailable, but only if they had a meaningful opportunity to be cross-examined or to develop their testimony during the first proceeding.