Section § 1290

Explanation

This law defines what constitutes 'former testimony' for legal purposes. It refers to any testimony given under oath in specific situations: during another legal action or a previous trial, in proceedings by a U.S. or public agency, in depositions compliant with legal standards, or in arbitration if there's a verbatim transcript. Essentially, it's testimony taken from past official legal processes that can be used again in court.

As used in this article, “former testimony” means testimony given under oath in:
(a)CA Evidence Code § 1290(a) Another action or in a former hearing or trial of the same action;
(b)CA Evidence Code § 1290(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)CA Evidence Code § 1290(c) A deposition taken in compliance with law in another action; or
(d)CA Evidence Code § 1290(d) An arbitration proceeding if the evidence of such former testimony is a verbatim transcript thereof.

Section § 1291

Explanation

This law says that if a person who originally gave testimony is not available to testify again, their past testimony can still be used in court even though it’s hearsay. This can happen if the testimony is used against someone who originally presented it or their successor, or if the person it’s used against was also part of the original trial and had a chance to question the witness.

When using this past testimony, it must still follow the same rules and limitations as if the person was testifying in person. However, you can’t object to how questions were asked back then if you didn’t object at the time, and you can't use objections related to the witness's competence or privilege if those weren't issues at the time of the original testimony.

(a)CA Evidence Code § 1291(a) Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and:
(1)CA Evidence Code § 1291(a)(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)CA Evidence Code § 1291(a)(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)CA Evidence Code § 1291(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)CA Evidence Code § 1291(b)(1) Objections to the form of the question which were not made at the time the former testimony was given.
(2)CA Evidence Code § 1291(b)(2) Objections based on competency or privilege which did not exist at the time the former testimony was given.

Section § 1292

Explanation

This law says that you can use someone's previous testimony in a civil case even if they're not available to testify in person now. For this to be allowed, three conditions need to be met: first, the person who originally gave the testimony can't be a witness now; second, the testimony is being used in a civil case; and third, the person who originally had the chance to question the witness had a similar reason to question them as the current party does.

Additionally, while such testimony is generally treated like live testimony when it comes to permissible objections and limitations, you cannot bring up objections related to the witness's competency or privilege if those weren't issues during the original testimony.

(a)CA Evidence Code § 1292(a) Evidence of former testimony is not made inadmissible by the hearsay rule if:
(1)CA Evidence Code § 1292(a)(1) The declarant is unavailable as a witness;
(2)CA Evidence Code § 1292(a)(2) The former testimony is offered in a civil action; and
(3)CA Evidence Code § 1292(a)(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)CA Evidence Code § 1292(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.

Section § 1293

Explanation

This law states that testimony given by a minor who is the alleged victim during a preliminary hearing can be used in court even if it's hearsay, under certain conditions. Specifically, it can be used if it's part of proceedings to decide if the minor should be made a dependent of the court. For the testimony to be admissible, the issues in both the preliminary hearing and the dependency proceedings must be similar, giving the accused the chance to cross-examine the minor with comparable interest and motive. Any objections to this testimony need to follow the same rules as if the minor were testifying in person. If there are new, substantially different issues in the dependency proceeding, the testimony's admissibility can be challenged. This rule only applies to testimonies given after January 1, 1990.

(a)CA Evidence Code § 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)CA Evidence Code § 1293(a)(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)CA Evidence Code § 1293(a)(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)CA Evidence Code § 1293(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)CA Evidence Code § 1293(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)CA Evidence Code § 1293(d) As used in this section, “complaining witness” means the alleged victim of the crime for which a preliminary examination was held.
(e)CA Evidence Code § 1293(e) This section shall apply only to testimony made at a preliminary examination on and after January 1, 1990.

Section § 1294

Explanation

This law says that if a witness made statements in a previous legal proceeding, like a trial or a hearing, and those statements don't match what they're saying now, you can use the earlier statements as evidence even if the witness can’t testify now. This is true as long as their earlier testimony is also being used. You can use recordings or written transcripts from those earlier proceedings as evidence. Plus, the opposing side has the right to question anyone who gave evidence at those previous hearings about these inconsistent statements.

(a)CA Evidence Code § 1294(a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, 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)CA Evidence Code § 1294(a)(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.
(2)CA Evidence Code § 1294(a)(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.
(b)CA Evidence Code § 1294(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 conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.
(c)CA Evidence Code § 1294(c) As used in this section, “conditional examination” has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.