CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Former Testimony
.........Manner of Proving Prior Testimony
............Transcripts
5 Cards On This Topic:
  • Court reporter's transcript is prima facie evidence of testimony.
  • Evid. Code §1291 distinguishes trial testimony from deposition testimony and recognizes, in effect, a general rule ••in favor of•• introducing prior ••trial testimony•• in subsequent trials.
  • V's prelim. hearing testimony admissible where D had full opportunity to cross-examine her.
  • Trial ct. properly admitted prior testimony of deceased jailhouse informant.
  • Prelim hearing transcript admissible as former testimony hearsay exception to prove D's prior conviction was serious felony.