In what circumstances will transcripts of testimony be admissible in lieu of personal testimony?
California, United States of America
The following excerpt is from Herbert v. Superior Court, 117 Cal.App.3d 661, 172 Cal.Rptr. 850, 19 ALR 4 th 1276 (Cal. App. 1981):
7 In People v. Rojas (1975) 15 Cal.3d 540, 125 Cal.Rptr. 357, 542 P.2d 229, a witness was found "unavailable" and transcripts of his testimony at the preliminary examination and first trial admissible in lieu of personal testimony wherein the witness refused to testify because of threats against himself and his family had been found in contempt of court and sentenced to juvenile court.
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