Evidence-Wellborn SU2006 Outline

B hearsay exceptions the following are not excluded

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Unformatted text preview: n inadmissible not based on "strategy" concerns but rather because the testimony relayed at the former hearing was not "substantially" identical to the issue in the present proceeding: Issue in first proceeding why did Barbara do it? Issue in second proceeding DID Barbara do it! Note: Texas Rule 803(5): Texas allows admissibility of depositions even if the witness is available, if taken for the same proceeding. If taken in different proceeding, the witness must be unavailable in order to be admissible. CHECK THIS OUT!! Former Testimony elements: Admissible when... Declarant is unavailable Party against whom it was taken had opportunity to examine Similar motive CLAY v. JOHNS-MANVILLE SALES CORP. [Hearsay Exceptions; Declarant Unavailable - Former Testimony: FRE 804(b)(1) ] Facts/Procedural Posture: Product liability asbestos case, defendant won at trial. Plaintiff claims court erred by excluding deposition given by Johns-Manville employee Ken Smith from a previous asbestos case, o Manville expressed that the D had knowledge...
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