Prior testimony becomes relevant when a witness is unavailable and prior parties, cross-examination, and issues correspond. Section 33 permits prior witness evidence to prove stated facts in a subsequent proceeding or later stage where the witness is unavailable, incapable of ... Summary
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Prior testimony becomes relevant when a witness is unavailable and prior parties, cross-examination, and issues correspond.
Section 33 permits prior witness evidence to prove stated facts in a subsequent proceeding or later stage where the witness is unavailable, incapable of testifying, improperly kept away, or cannot be produced without unreasonable delay or expense. Admissibility requires the same parties or representatives in interest, a prior right and opportunity for cross-examination, and substantially the same issues. Criminal trials and inquiries are treated as proceedings between the prosecutor and accused.
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