Former testimony
Applied in 15 court decisions — leading case Consolidated Generator-Nevada, Inc. v. Cummins Engine Co. (1998)
Most recently applied in 142 Nev. Adv. Op. No. 20 - MATADAMAS-SERRANO (RUBEN) v. STATE (March 2026)
(Added to NRS by 1971, 797)
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.
Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of another proceeding, is not inadmissible under the hearsay rule if:
1. The declarant is unavailable as a witness; and
2. If the proceeding was different, the party against whom the former testimony is offered was a party or is in privity with one of the former parties and the issues are substantially the same.
Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.