If a motion to dismiss is denied, can the elements of the motion still be used at trial?

UPDATED: Aug 16, 2015

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If a motion to dismiss is denied, can the elements of the motion still be used at trial?

For example, testimonies/court transcripts?

Asked on August 16, 2015 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Testimony taken under oath and court transcripts of hearings can be used in a subsequent trial or hearing, subject to the usual conditions or limitations on out-of-court testimony. (E.g. if the witness is available, he or she would have to be called if you want to put his/her testimony in...but you could use the prior testimony to impeach, or undercut/attack, him or her if the court testimony varies from what was previously stated under oath.)

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Testimony taken under oath and court transcripts of hearings can be used in a subsequent trial or hearing, subject to the usual conditions or limitations on out-of-court testimony. (E.g. if the witness is available, he or she would have to be called if you want to put his/her testimony in...but you could use the prior testimony to impeach, or undercut/attack, him or her if the court testimony varies from what was previously stated under oath.)


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