What is the test for admitting a witness's testimony at trial?

California, United States of America


The following excerpt is from People v. Wilson, 11 Cal.5th 259, 277 Cal.Rptr.3d 24, 484 P.3d 36 (Cal. 2021):

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." ( Evid. Code, 1291, subds. (a), (a)(2).) We have held this exception permits an unavailable witness's preliminary hearing testimony to be admitted at trial. ( Herrera, supra , at p. 621, 110 Cal.Rptr.3d 729, 232 P.3d 710 ; People v. Seijas (2005) 36 Cal.4th 291, 303, 30 Cal.Rptr.3d 493, 114 P.3d 742.)

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