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

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.

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Attorney answers 2


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.

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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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