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A decedent was prosecuted for criminal violations of a hazardous waste disposal act and convicted, in part on the testimony of a witness. After the decedent's death, the plaintiff on whose property the decedent dumped the hazardous waste brought suit to recover the cleanup costs against the executor of the decedent's estate. Because the witness is currently incarcerated in another state and beyond the reach of the court's subpoena powers, the plaintiff seeks to introduce the transcript of the witness's testimony from the decedent's criminal trial in the present action. The executor objects to its admission. How should the court rule on the admissibility of the transcript? A) Admissible, because the witness was subject to cross-examination in the previous action. B) Admissible, because the transcript of the criminal trial is a public record. C) Inadmissible, because the plaintiff has not shown that the witness is truly unavailable. D) Inadmissible, because the executor was not a party to the previous action.
Sagot :
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