This preview shows page 1. Sign up to view the full content.
Unformatted text preview: oom as an exhibit, do not want it to be given excessive weight, you either read the document aloud upon cross-examination or give it to the witness to read aloud. HEARSAY EXCEPTIONS: DECLARANT UNAVAILABE "Unavailability" FRE 804(a) Texas, unlike the federal version, requires that a party offer former testimony that he was unable to depose the witness, as well as unable to procure his attendance at trial! Former Testimony FRE 804(b)(1)
FRE 804(b)(1): Hearsay Exceptions; Declarant Unavailable. (b) Hearsay Exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: Former Testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. Texas Differs...
View Full Document