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Cal. Evid. Code § 1290

Former Testimony

Applied in 8 court decisions — leading case 17 Cal. 4th 448 - People v. Woodell (1998)

Most recently applied in 13 Cal. 5th 448 - People v. Ng (July 2022)

Enacted by Stats. 1965, Ch. 299.

How often courts cite this section

19791990200020102020202210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in this article, “former testimony” means testimony given under oath in:

(a) Another action or in a former hearing or trial of the same action;

(b) A proceeding to determine a controversy conducted by or under the supervision of an agency that has the power to determine such a controversy and is an agency of the United States or a public entity in the United States;

(c) A deposition taken in compliance with law in another action; or

(d) An arbitration proceeding if the evidence of such former testimony is a verbatim transcript thereof.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.