Q: Can I refer to answers given in a mistrial in our upcoming hearing?
We recently had a mistrial in a motion to reconsider guardianship, can I refer to answers given by a witness under oath in that mistrial hearing when we return for the permanent guardianship hearing?
A: Yes. Statements made in court under oath are an admissible exception to the hearsay rule.
Crista Marie Haynes agrees with this answer
A: You are able to refer to someone's prior testimony, which they gave under oath, in the next hearing on permanent guardianship as their previous testimony is relevant and was given under oath. The mistrial does not affect your ability to recall to the testimony.
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