A bus driving down a road crashes into another vehicle. Two passengers, Jenny and Jeff are injured. In the first proceeding, Jenny commences a civil suit against the bus company, and a witness to the accident testifies at the trial. Later on, Jeff commences a civil suit against the bus company, however, the witness at this time is no longer available to testify. Under the former testimony exception to the hearsay rule, the transcript of the witness's testimony from the first proceeding can be admissible in the second proceeding.
Former testimony exception
Under the Federal Rules of Evidence, the former testimony exception to the hearsay rule allows former testimony of a witness in one proceeding involving the same issue and same parties to be admissible in a second proceeding, provided that (1) there is a meaningful opportunity to cross examine or to develop the testimony since it was given live in the first proceeding; and (2) the declarant is unavailable to testify in the second proceeding.
