Evidence-Wellborn SU2006 Outline

in the case of former testimony unavailability of

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

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

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

Ask a homework question - tutors are online