Sec. 52-160. Admissibility in subsequent trial of testimony of witness recorded in former trial.
Sec. 52-160. Admissibility in subsequent trial of testimony of witness recorded
in former trial. If any witness in a civil action is beyond the reach of the process of the
courts of this state, or cannot be found, and his testimony has been taken by the court
stenographer or reporter upon a former trial of the action, a transcript of the record of
the testimony, verified by the oath of the stenographer or court reporter, shall be admissible in evidence, in the discretion of the court, upon any subsequent trial of the action,
in the same manner and to the same extent as a deposition of the witness would be if
legally taken.
(1949 Rev., S. 7883; 1953, S. 3157d; P.A. 82-160, S. 76.)
History: P.A. 82-160 rephrased the section.
Applies where substitute complaint modifying cause of action has been filed. 74 C. 694. Cited. 211 C. 555.
Testimony of witness taken during trial of a different cause of action does not fall under purview of section. 51 CA 24.