§ 24-13-153 [Use of Perpetuated Testimony at Trial]

If a witness gives testimony before a trial through a special process called "perpetuating testimony," that recorded testimony can only be used at trial when necessary. This usually means the witness has died, become too sick to testify, or is otherwise unavailable to come to court.

When that recorded testimony is used, it can be used against anyone involved in the case, even people who were not part of the original proceeding where the testimony was recorded. In other words, being absent from that earlier proceeding does not protect someone from having that testimony used against them later.