CODING: Words stricken are deletions; words underlined are additions.
House Bill 3243



    Florida House of Representatives - 1998                HB 3243

        By Representatives Thrasher, Ritter, Bradley, Cosgrove,
    Flanagan, Byrd and Burroughs





  1                      A bill to be entitled

  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, 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  that the court finds that the testimony is not inadmissible

25  pursuant to s. 90.402 or s. 90.403. at a civil trial, when

26  used in a retrial of said trial involving identical parties

27  and the same facts.

28         Section 2.  This act shall take effect July 1, 1998,

29  and shall apply to pending cases in which the final pretrial

30  conference occurs on or after that date.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3243

    505-161-98






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  2                          HOUSE SUMMARY

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      Revises an exception to the prohibition against hearsay
  4    evidence to provide that former testimony given by the
      declarant which testimony was given as a witness at
  5    another hearing of the same or a different proceeding, or
      in a disposition taken in compliance with law in the
  6    course of the same or another proceeding, if the party
      against whom the testimony is now offered, or, in a civil
  7    action or proceeding, a predecessor in interest or a
      person with a similar interest, had an opportunity and
  8    similar motive to develop the testimony by direct, cross,
      or redirect examination, is not inadmissable, provided
  9    that the court finds that the testimony is not
      inadmissable pursuant to described provisions of law.
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