What conditions must be met for former testimony to be admissible?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

For former testimony to be admissible, it is essential that the party against whom the testimony is being offered had an opportunity to develop that testimony. This principle is rooted in the idea of fairness, ensuring that the party had a chance to cross-examine the witness or otherwise challenge the testimony at the earlier proceeding.

This condition means that the context in which the original testimony was given should allow for a similar adversarial process as would occur in a current trial. It promotes the integrity of judicial proceedings, allowing for a thorough examination of evidence when a witness is unavailable in the present context.

Other conditions might be relevant in specific jurisdictions or under particular rules, but the opportunity to develop the testimony is a fundamental requirement that upholds the adversarial system, ensuring that the rights of the parties are respected.

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