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 VOLUME 4 - CHAPTER 24
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24.2 What Is Evidence

    24.2.7 Transcripts As Evidence

    24.2.7.1 Transcript Testimony From Previous Trial, Preliminary Hearing, Deposition, Etc.
    24.2.7.2 Transcript Of Electronic Recording: Where Transcript Is Admitted
    24.2.7.3 Transcript Of Foreign Language Recording

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 VOLUME 4 - CHAPTER 24

RATIONALE: Without instruction the jury may not understand that testimony read from a transcript should be treated the same as live-witness testimony.

POINTS AND AUTHORITIES: See People v. Wharton (CA 1991) 53 C3d 522, 598-99 [280 CR 631].

    See also FORECITE National™ 25.9.2.6 [Transcript Should Not Go Into Juryroom Absent Stipulation].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.1].

PRACTICE NOTE: Where the defendant used preliminary-hearing testimony to impeach a witness but did not present the question and answer for admission into evidence, limiting instruction is not necessary. (See State v. Traxler (NM 1977) 572 P2d 1274, 1275-76.)

CAVEAT:  If the testimony came from a previous trial of the same case it may be improper and prejudicial for the jury to hear about the previous trial.  See FORECITE National™ 16.20 [Retrial].

See generally, FORECITE National™ 24.1.2 [Defining What Is And What Isn't Evidence:  Federal Model Instructions And Notes].

    Testimony from a [prior proceeding] [deposition] must be considered in the same light and in accordance with the same rules that apply to testimony of witnesses who have testified in court.

    Even though the testimony of _____________ (name of witness) was read into evidence, you must evaluate and consider this testimony in the same way as the testimony you have heard in court.

    Testimony from a deposition is entitled to the same consideration, and is to be judged by you in the same way, as if the witness had been present and had testified from the witness stand.

    You must give testimony from a [deposition] [previous trial] [__________] the same consideration as the testimony of witnesses who have testified here in court.

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 VOLUME 4 - CHAPTER 24

    See FORECITE National™ 25.9.2.6 [Transcript Should Not Go Into Juryroom Absent Stipulation].

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VOLUME 4 - CHAPTER 24

    See FORECITE National™  25.9.4.1 [Jury Should Consider Accuracy Of Foreign Language Translation].