|
2013 REVIEW DENIED A deposition taken in another case is not admissible for purposes of deciding a summary judgment motion unless all the requirements of EvC 1292 are satisfied: (1) The declarant is unavailable as a witness; (2) The former testimony is offered in a civil action; and (3) The issue is such that the party to the action or proceeding in which the former testimony was given had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which the party against whom the testimony is offered has at the hearing.CitationGATTON v AP GREEN (Prior Deposition) 64 CA4 688 [See: EvC 1292; Villa v McFerren 35 CA4 733, T/AT 7/95]
|
|
