Rule 19.3. Evidence

a. General Rule. The law of evidence relating to civil actions shall apply to criminal proceedings, except as otherwise provided.

b. Prior Inconsistent Statements. No prior statement of a witness may be admitted for the purpose of impeachment unless it varies materially from the witness' testimony at trial.

c. Prior Recorded Testimony.

(1) Admissibility. Statements made under oath by a party or witness during a previous judicial proceeding or a deposition under Rule 15.3 shall be admissible in evidence if:

(i) The party against whom the former testimony is offered was a party to the action or proceeding during which a statement was given and had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which the party now has (no person who was unrepresented by counsel at the proceeding during which a statement was made shall be deemed to have had the right and opportunity to cross-examine the declarant, unless such representation was waived) and

(ii) The declarant is unavailable as a witness, or is present and subject to cross-examination.

(2) Limitations and Objections. The admissibility of former testimony under this section is subject to the same limitations and objections as though the declarant were testifying at the hearing, except that the former testimony offered under this section is not subject to:

(i) Objections to the form of the question which were not made at the time the prior testimony was given.

(ii) Objections based on competency or privilege which did not exist at the time the former testimony was given.

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