Evidence Code § 1291

E1028511

California statute hearsay exception provision

Evidence Code § 1291 is a California statute that sets out when former testimony may be admitted as an exception to the hearsay rule, particularly when the declarant is unavailable and the opposing party had a prior opportunity for cross-examination.

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All labels observed (1)

Label	Occurrences
Evidence Code § 1291 canonical	1

Statements (37)

Predicate	Object
instanceOf	California statute ⓘ hearsay exception provision ⓘ
aimsTo	balance reliability of evidence with necessity ⓘ protect rights of parties to cross-examine witnesses ⓘ
appliesTo	former testimony in a different court ⓘ former testimony in a different jurisdiction ⓘ former testimony in administrative proceedings ⓘ former testimony in another action ⓘ former testimony in prior proceedings ⓘ former testimony in the same action ⓘ
appliesWhen	declarant is unavailable as a witness ⓘ
citationForm	Evid. Code § 1291 NERFINISHED ⓘ
codifies	former testimony hearsay exception in California ⓘ
condition	issue in prior proceeding was substantially similar ⓘ opponent had right and opportunity to cross-examine ⓘ party against whom testimony is offered was a party in prior proceeding ⓘ predecessor in interest was a party in prior proceeding ⓘ
createsExceptionTo	hearsay rule ⓘ
governs	admissibility of former testimony ⓘ
interpretedBy	California Courts of Appeal NERFINISHED ⓘ California Supreme Court NERFINISHED ⓘ
jurisdiction	California NERFINISHED ⓘ
legalEffect	permits admission of former testimony as substantive evidence ⓘ treats qualifying former testimony as non-hearsay for admissibility purposes ⓘ
partOf	California Evidence Code NERFINISHED ⓘ
relatedTo	Confrontation Clause issues ⓘ
relatesTo	hearsay rule ⓘ
requires	prior opportunity for cross-examination ⓘ similar motive to cross-examine ⓘ unavailability of declarant ⓘ
subjectMatter	evidence law ⓘ unavailable declarants ⓘ witness testimony ⓘ
usedBy	California appellate courts NERFINISHED ⓘ California trial courts NERFINISHED ⓘ
usedIn	California civil cases ⓘ California criminal cases ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

California Evidence Code → hasSection → Evidence Code § 1291 ⓘ