Evidence

Predecessor in Interest

To admit former testimony under FRE 804(b)(1) in a civil case, the previous testimony must have been against a predecessor in interest.

There are three approaches to determine whether or not one is a predecessor in interest:

  1. Community of Interest Approach
    2. Same nucleus of operative fact
  2. Privity Approach
    Property interest tied to another person; rare (bottom of 487)
  3. Formal Tie Approach

    The formal tie approach says that one is a predecessor in interest of another if the two share a formal tie. (Usually a business relationship)