Can a witness be cross-examined in a civil proceeding?

California, United States of America


The following excerpt is from People v. Williams, A136141 (Cal. App. 2014):

witness is unavailable and, at a previous court proceeding against the same defendant, has given testimony that was subject to cross-examination." (People v. Cromer (2001) 24 Cal.4th 889, 892.) "In California, the exception to the confrontation right for prior recorded testimony is codified in section 1291, subdivision (a), which provides: 'Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and: [] . . . [] (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.'" (Id. at p. 898.)

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