Evidence Code section 1291

(a)

Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and:

(1)

The former testimony is offered against a person who offered it in evidence in his own behalf on the former occasion or against the successor in interest of such person; or

(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.

(b)

The admissibility of former testimony under this section is subject to the same limitations and objections as though the declarant were testifying at the hearing, except that former testimony offered under this section is not subject to:

(1)

Objections to the form of the question which were not made at the time the former testimony was given.

(2)

Objections based on competency or privilege which did not exist at the time the former testimony was given.

Source: Section 1291, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=1291.­ (updated Jan. 1, 1965; accessed Jul. 28, 2025).

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Verified:
Jul. 28, 2025

§ 1291's source at ca​.gov