What is the test for out-of-court testimony in a civil case?
California, United States of America
The following excerpt is from People v. Sanchez, 204 Cal.Rptr.3d 102, 374 P.3d 320, 63 Cal.4th 665 (Cal. 2016):
that they are out-of-court analogs, in purpose and form, of the testimony given by witnesses at trial. (People v. Cage (2007) 40 Cal.4th 965, 984, 56 Cal.Rptr.3d 789, 155 P.3d 205 (Cage ).) Thus, only when a prosecution expert relies upon, and relates as true, a testimonial statement would the fact asserted as true have to be independently proven to satisfy the Sixth Amendment.
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