Legal Question in Criminal Law in Texas

Can testimonies from a civil trial be used by a criminal prosecutor?

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, 7:59 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Can testimonies from a civil trial be used by a criminal prosecutor?

In some situations, a criminal prosecutor can use the prior recorded testimony of witnesses. Generally, however, live testimony (unless otherwise unavailable) is necessary not only according to the Rules of Procedure and Evidence, but in order to obtain a conviction. If a prosecutor needs witnesses, and the case justifies the cost, then it is his/her responsibility to get those witnesses to court.

As an aside, not all small claims courts are courts of record. You may need to hire your own court reporter.

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Answered on 4/29/09, 9:07 pm


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