hearsay: unavailability exceptions

Question 1

CEC 240(a) unavailable means

Answer 1

unavailable means: except from testifying b/c privilege, refuses to testify despite court order, disqualified from testifying, they don’t remember, death/phys/mental illness, cannot reasonably procure their attendance

Question 2

cec 1290 former testimony is

Answer 2

Former Testimony means: testimony given under oath in a) another action or former hearing/trial of same action, b) proceeding conducted by US agency, c) deposition in another action, d) arbitration proceeding if verbatim tx

Question 3

cec 1291 former testimony offered against party to former proceeding

Answer 3

former testimony offered against party to former proceeding: declarant must be unavailable + former testimony offered against person who offered it in evidence on own behalf on former occasion (or successor) OR the party against whom it is offered had opportunity/right to cross-x like FRE. NOT SUBJECT TO OBECTIONS IN FORM OF QUESTIONS NOT MADE AT FORMER TIME OR COMPETENCY/PRIVILEGE OBJECTIONS NOT EXIST FORMER TIME

Question 4

cec 1292 former testimony offered against non-party to former proceeding

Answer 4

former testimony offered against non-party to former proceeding: declarant unavailable + must be offered in CIVIL case + right/opportunity to cross-x like FRE and NOT SUBJECT TO COMPETENCY/PRIVILEGE OBJECTIONS which did not exist at former time; no legal relationship necessary b/t parties here

Question 5

CEC 1230 statement against interest

Answer 5

statement against interest: declarant must sufficient knowledge of the subject; if the statement was so contrary to their interest or subject them to crim/civil liability or rended their own claim invalid or created a high risk of hatred, ridiculue, social disgrace that no reasonable person would make that statement unless they believed it to be true

exculpatory statements in crim cases do not require corroboration

Question 6

cec 1242 dying dec

Answer 6

person must be dead; must have personal knowledge; must be made under sense of impending death

Question 7

cec 240(b) forfeiture by wrongdoing

Answer 7

forfeiture by wrongdoing: If proponent of statement procured the unavailability of the declarant or engaged in wrongdoing to prevent declarent from testifying —> unavailability will be defeated and hearsay exception will not be available

serious felony cases

statement must be tape recorded or notarized, and corroborated