Evidence Code § 1291

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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.

All labels observed (2)

Label Occurrences
Evid. Code § 1291 1
Evidence Code § 1291 canonical 1

How this entity was disambiguated

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 ⓘ
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 ⓘ
California Supreme Court ⓘ
jurisdiction California ⓘ
legalEffect permits admission of former testimony as substantive evidence ⓘ
treats qualifying former testimony as non-hearsay for admissibility purposes ⓘ
partOf California Evidence Code ⓘ
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 ⓘ
California trial courts ⓘ
usedIn California civil cases ⓘ
California criminal cases ⓘ

How these facts were elicited

Referenced by (2)

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

California Evidence Code → hasSection → Evidence Code § 1291 ⓘ
Evidence Code § 1291 → citationForm → Evid. Code § 1291 ⓘ
linked to: Evidence Code § 1291