Q: If a witness dies before he is cross examined at trial what happens to his testimony?
A:
O.C.G.A. § 24-8-804(b)(1) provides that testimony from another hearing, proceeding, or deposition can be admitted if the party against whom the prior testimony is being offered had an opportunity to develop the testimony by direct, cross-, or redirect examination.
In the case of a witness's death, a certified copy of the death certificate is sufficient to prove the predicate of unavailability of the witness for purposes of admitting the witness's prior testimony.
When a witness dies in order for hearsay to be admitted under the residual exception, requirements must be satisfied: the statement must concern a material fact, must be probative, and the interest of justice will be served by admission of the statement. O.C.G.A. § 24-8-807.
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