Former Testimony

Former testimony is admissible if the declarant is unavailable and opponent had opportunity to cross.

Related Hearsay rules

• Hearsay DefinitionHearsay is an out-of-court statement offered for the truth of the matter asserted.
• Non-Hearsay UsesStatements offered to show effect on listener, notice, verbal acts, or mental state are not hearsay.
• Opposing Party StatementsStatements of a party opponent are not hearsay when offered against that party.
• Adoptive AdmissionsAdmissions may be adopted by silence when a reasonable person would deny the statement.
• Co-Conspirator StatementsStatements by a co-conspirator during and in furtherance of the conspiracy are non-hearsay.
• Prior Inconsistent Statements (Substantive)Prior inconsistent statements under oath at proceedings are non-hearsay.
• Prior Consistent StatementsPrior consistent statements are non-hearsay when offered to rebut fabrication or improper motive.
• Prior IdentificationsPrior identifications made after perceiving a person are non-hearsay.

Part of Evidence on Core Legal Rules — foundational MBE-tested principles with primary-source citations.