Can I use what was said and noted in the hearing transcript without calling on the person that made the claim?

Asked over 1 year ago - Orlando, FL

I would like to introduce the transcript from a prior case that was ultimately dismissed but has some things in it that would work in my favor if need be.

Attorney answers (2)

  1. Ralph H. Schofield Jr.

    Contributor Level 12

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    Answered . This might be admissible, but only under limited circumstances. This would be okay if the prior lawsuit involved substantially similar claims and issues. Specifically, if your opponent in your CURRENT CASE had a reason and full and fair opportunity to cross-examine the witness in the PRIOR CASE, you may be able to get this testimony admitted at a hearing.

    The information provided in this and other answers on Avvo are general in nature and limited to the facts as... more
  2. Joshua Eli Adams

    Contributor Level 14

    Answered . Possibly, but your chances of successfully entering it into evidence without being represented by a competent attorney are probably pretty small.

    You have several issues to deal with, including whether it is hearsay, if so whether there is an exception, whether you can lay the proper predicate for it, etc.

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