What is the former testimony exception in legal proceedings?

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

The former testimony exception to the hearsay rule enables courts to admit testimony from an earlier proceeding under specific conditions. This exception is grounded in the idea that if a witness has testified before in a formal setting such as a trial, deposition, or other legal proceedings, and their testimony was subject to cross-examination, it holds a certain degree of reliability.

The adaptability of this exception hinges on two main criteria: first, the declarant must be unavailable in the current proceeding, and second, the party against whom the testimony is being offered must have had an opportunity and motive to cross-examine the declarant during the prior testimony. This principle aims to ensure that valuable and relevant evidence is not lost due to a witness's absence while also safeguarding the fairness and integrity of legal proceedings.

Other options may touch on related legal concepts, but they do not accurately describe the established legal framework and requirements surrounding the former testimony exception.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy