§ 1290 [Former Testimony Defined]

This rule explains what counts as "former testimony" when it comes up later in a court case. Former testimony is basically sworn statements someone made in the past, in a different setting, that might later get used as evidence in a new case.

There are four situations where past statements count as former testimony. First, it includes testimony given in a different lawsuit, or in an earlier hearing or trial in the same case. Second, it includes testimony given in a legal proceeding run by a government agency that has the authority to settle disputes, whether that agency is federal or part of a state or local government. Third, it covers depositions, meaning sworn question and answer sessions taken properly in another case. Fourth, it includes testimony from an arbitration case, but only if there is a word for word written transcript of what was said.

The main point is that courts will only treat old testimony as trustworthy evidence if it was given under oath and recorded or documented in one of these specific ways. This helps make sure that when someone's past words are used in a new case, there is a reliable record showing exactly what they said.