Legal Question in Business Law in Texas

Are testimonies given in a civil case admissible for a criminal trial?

I am filing a small claims case against a fraud artist (I may yet upgrade to a superior court). To make the case air-tight, I am thinking of flying in witnesses who were defrauded by him in other states. After nailing this guy in civil court, I really want to put him behind bars (his fraud is obvious and easy to prove with the testimony of his trail of victims). My question is the following: Could a criminal prosecutor simply cite the testimonies, as given in civil court? In other words, are recorded testimonies from a civil case admissible as evidence in a criminal case?


Asked on 4/29/09, 8:02 pm

1 Answer from Attorneys
Mel Larew

Re: Are testimonies given in a civil case admissible for a criminal trial?

Only in rare circumstances.

A defendant has the right to confront and cross-examine witnesses against him/her, a fundamental constitutional right. That means in person, in court, except in rare circumstances, and certainly not to be relied upon.

You should contact a Texas attorney practicing criminal law since you have indicated that this would be a Texas case.

Good luck.

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Answered on 4/30/09, 12:12 am


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