Evidence-Wellborn SU2006 Outline

On appeal the court upheld the judgments of

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Unformatted text preview: Here: Clarifies the admissibility of former testimony in a civil case based upon the presence in the former proceeding of a person with a similar interest to that of the party against whom the testimony is subsequently offered (Federal case law is consistent with the Texas Rule, see Clay v. Johns-Manville Sales Corp. below) Codifies the longstanding Texas practice of generally permitting the use of depositions in civil cases without a requirement of unavailability. Opportunity to develop the testimony: Only opportunity is required; there need not have been actual examination of the witness by the party or predecessor in interest key! Moreover, it need not have been an opportunity for cross-examination; direct examination suffices. Hence, grand jury testimony may be admitted against the government, provided that the similar motive requirement is met in the particular circumstances. Similar motive to develop the testimony: Generally, a party or predecessor in interest is regarded as having a similar motive to develop the testimony when the issue to which the testimony related at the former hearing is substantially identical to the issue in the present proceeding. KEY: Differences as to tactics or st...
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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 at Austin.

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