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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:

  1. The witness must have had a meaningful opportunity to be cross-examined or to develop their testimony during the first proceeding.
  2. 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.

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i just want a cornell ii :(
13:37
yak you will be fucking shit up at cornell this time next year dw
i love u
13:38
love you too bby
glovediedthisishismom
13:42
what if desantis appoints lara trump and matt gaetz to be floridas senators
Dkk
13:42
Sounds good to me
HopefullyInLawSchool
13:43
@glovediedthisishismom: What if he appoint Ym instead?
HELP
every damn opportunity
13:47
do schools straight reject people from ed or to they always ed-rd if its a no for ED?
HopefullyInLawSchool
13:48
Some schools rject
13:49
Thanks! I couldn't find any reddit thread about it lol
13:49
but just means now I have to wait for the rejection from Davis
glovediedthisishismom
13:53
i just wanna rock
glovediedthisishismom
13:53
bodyadaya
13:53
let it rock
14:17
How are the vibes heading into thanksgiving yall?
HopefullyInLawSchool
14:17
@Law-Guy Im feeling kinda happy I applied YM to UCI hoping it helps (:
Wanna give some head
soap
14:18
Cornell
14:19
@HopefullyinLawSchool What's YM?
14:19
oh no
HopefullyInLawSchool
14:19
you mom
WorthlessAttractiveZombie
14:19
Ouch
HopefullyInLawSchool
14:19
your*
14:19
I fear I realized too late
babycat
14:20
another victim claimed
concorde
14:22
pwned
14:22
Might have to send in addendums for that
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