Is prior testimony not inadmissible under the hearsay rule?

California, United States of America


The following excerpt is from People v. Grant, D073895 (Cal. App. 2019):

Prior testimony is not made inadmissible by the hearsay rule if the declarant is unavailable to testify at trial and, at the time the unavailable witness gave testimony, the cross-examination was made " 'with an interest and motive similar' " to that of the prior proceeding. (People v. Harris (2005) 37 Cal.4th 310, 332, quoting Evid. Code, 1291, subd. (a)(2).)

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