can testimony given by a C.I. in my husbands case be read into my trial because the C.I. has refused to testify in my case? Can you include a case ref

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can testimony given by a C.I. in my husbands case be read into my trial because the C.I. has refused to testify in my case? Can you include a case ref

Asked on April 29, 2009 under Criminal Law, Utah

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Testimony can be given in any case if the witness is unavailable and the testimony was given under oath.  The case ref is not important.  It is a rule of evidence that is valid and constitutional in every state in the United States.  It is considered an exception to the hearsay rule under Utah Rules of Evidence 804: http://www.utcourts.gov/resources/rules/ure/0804.htm

Here are other relevant rules of evidence:

http://www.utcourts.gov/resources/rules/ure/1002.htm

http://www.utcourts.gov/resources/rules/ure/0902.htm

 


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