SECTIONS 1290-1294 - California Statutes

EVIDENCE CODE

SECTION 1290-1294

1290. As used in this article, "former testimony" means testimony
given under oath in:
(a) Another action or in a former hearing or trial of the same
action;
(b) A proceeding to determine a controversy conducted by or under
the supervision of an agency that has the power to determine such a
controversy and is an agency of the United States or a public entity
in the United States;
(c) A deposition taken in compliance with law in another action;
or
(d) An arbitration proceeding if the evidence of such former
testimony is a verbatim transcript thereof.

1291. (a) Evidence of former testimony is not made inadmissible by
the hearsay rule if the declarant is unavailable as a witness and:
(1) The former testimony is offered against a person who offered
it in evidence in his own behalf on the former occasion or against
the successor in interest of such person; or
(2) The party against whom the former testimony is offered was a
party to the action or proceeding in which the testimony was given
and had the right and opportunity to cross-examine the declarant with
an interest and motive similar to that which he has at the hearing.
(b) The admissibility of former testimony under this section is
subject to the same limitations and objections as though the
declarant were testifying at the hearing, except that former
testimony offered under this section is not subject to:
(1) Objections to the form of the question which were not made at
the time the former testimony was given.
(2) Objections based on competency or privilege which did not
exist at the time the former testimony was given.

1292. (a) Evidence of former testimony is not made inadmissible by
the hearsay rule if:
(1) The declarant is unavailable as a witness;
(2) The former testimony is offered in a civil action; and
(3) The issue is such that the party to the action or proceeding
in which the former testimony was given had the right and opportunity
to cross-examine the declarant with an interest and motive similar
to that which the party against whom the testimony is offered has at
the hearing.
(b) The admissibility of former testimony under this section is
subject to the same limitations and objections as though the
declarant were testifying at the hearing, except that former
testimony offered under this section is not subject to objections
based on competency or privilege which did not exist at the time the
former testimony was given.

1293. (a) Evidence of former testimony made at a preliminary
examination by a minor child who was the complaining witness is not
made inadmissible by the hearsay rule if:
(1) The former testimony is offered in a proceeding to declare the
minor a dependent child of the court pursuant to Section 300 of the
Welfare and Institutions Code.
(2) The issues are such that a defendant in the preliminary
examination in which the former testimony was given had the right and
opportunity to cross-examine the minor child with an interest and
motive similar to that which the parent or guardian against whom the
testimony is offered has at the proceeding to declare the minor a
dependent child of the court.
(b) The admissibility of former testimony under this section is
subject to the same limitations and objections as though the minor
child were testifying at the proceeding to declare him or her a
dependent child of the court.
(c) The attorney for the parent or guardian against whom the
former testimony is offered or, if none, the parent or guardian may
make a motion to challenge the admissibility of the former testimony
upon a showing that new substantially different issues are present in
the proceeding to declare the minor a dependent child than were
present in the preliminary examination.
(d) As used in this section, "complaining witness" means the
alleged victim of the crime for which a preliminary examination was
held.
(e) This section shall apply only to testimony made at a
preliminary examination on and after January 1, 1990.

1294. (a) The following evidence of prior inconsistent statements
of a witness properly admitted in a preliminary hearing or trial of
the same criminal matter pursuant to Section 1235 is not made
inadmissible by the hearsay rule if the witness is unavailable and
former testimony of the witness is admitted pursuant to Section 1291:
(1) A video recorded statement introduced at a preliminary hearing
or prior proceeding concerning the same criminal matter.
(2) A transcript, containing the statements, of the preliminary
hearing or prior proceeding concerning the same criminal matter.
(b) The party against whom the prior inconsistent statements are
offered, at his or her option, may examine or cross-examine any
person who testified at the preliminary hearing or prior proceeding
as to the prior inconsistent statements of the witness.