CODING: Words stricken are deletions; words underlined are additions.
House Bill 1597er


    ENROLLED

    1997 Legislature                   CS/HB 1597, First Engrossed



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  2         An act relating to evidence; amending s.

  3         90.803, F.S.; revising an exception to the

  4         prohibition against hearsay evidence; providing

  5         an effective date.

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  7  Be It Enacted by the Legislature of the State of Florida:

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  9         Section 1.  Subsection (22) of section 90.803, Florida

10  Statutes, 1996 Supplement, is amended to read:

11         90.803  Hearsay exceptions; availability of declarant

12  immaterial.--The provision of s. 90.802 to the contrary

13  notwithstanding, the following are not inadmissible as

14  evidence, even though the declarant is available as a witness:

15         (22)  FORMER TESTIMONY.--Former testimony given by the

16  declarant which testimony was given as a witness at another

17  hearing of the same or a different proceeding, or in a

18  deposition taken in compliance with law in the course of the

19  same or another proceeding, if the party against whom the

20  testimony is now offered, or, in a civil action or proceeding,

21  a predecessor in interest, or a person with a similar

22  interest, had an opportunity and similar motive to develop the

23  testimony by direct, cross, or redirect examination, provided,

24  however, the court finds that the testimony is not

25  inadmissible pursuant to s. 90.402 or s. 90.403. at a civil

26  trial, when used in a retrial of said trial involving

27  identical parties and the same facts.

28         Section 2.  This act shall take effect July 1, 1997 and

29  shall apply to pending cases in which the final pretrial

30  conference occurs on or after that date.

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