California Evidence Code

§ 1291

EVID § 1291Div. 10 · Ch. 2 · Art. 9

Statute text

(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.

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Legislative history

Enacted by Stats. 1965, Ch. 299.