§ 4517 — Prior testimony in a civil action

New York § 4517

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 45: Evidence

Text

Rule 4517. Prior testimony in a civil action. (a) Impeachment of\nwitnesses; parties; unavailable witness. In a civil action, at the trial\nor upon the hearing of a motion or an interlocutory proceeding, all or\nany part of the testimony of a witness that was taken at a prior trial\nin the same action or at a prior trial involving the same parties or\ntheir representatives and arising from the same subject matter, so far\nas admissible under the rules of evidence, may be used in accordance\nwith any of the following provisions:\n 1. any such testimony may be used by any party for the purpose of\ncontradicting or impeaching the testimony of the same witness;\n 2. the prior trial testimony of a party or of any person who was a\nparty when the testimony was given or of any person who at the time the\ntestimony was given was an officer, director, member, employee, or\nmanaging or authorized agent of a party, may be used for any purpose by\nany party who is adversely interested when the prior testimony is\noffered in evidence;\n 3. the prior trial testimony of any person may be used by any party\nfor any purpose against any other party, provided the court finds:\n (i) that the witness is dead; or\n (ii) that the witness is at a greater distance than one hundred miles\nfrom the place of trial or is out of the state, unless it appears that\nthe absence of the witness was procured by the party offering the\ntestimony; or\n (iii) that the witness is unable to attend or testify because of age,\nsickness, infirmity, or imprisonment; or\n (iv) that the party offering the testimony has been unable to procure\nthe attendance of the witness by diligent efforts; or\n (v) upon motion on notice, that such exceptional circumstances exist\nas to make its use desirable, in the interest of justice and with due\nregard to the importance of presenting the testimony of witnesses orally\nin open court;\n 4. the prior trial testimony of a person authorized to practice\nmedicine may be used by any party without the necessity of showing\nunavailability or special circumstances subject to the right of any\nparty to move for preclusion upon the ground that admission of the prior\ntestimony would be prejudicial under the circumstances.\n (b) Use of part of the prior trial testimony of a witness. If only\npart of the prior trial testimony of a witness is read at the trial by a\nparty, any other party may read any other part of the prior testimony of\nthat witness that ought in fairness to be considered in connection with\nthe part read.\n (c) Substitution of parties; prior actions. Substitution of parties\ndoes not affect the right to use testimony previously taken at trial.\n