Impeachment - prior trial testimony: when may prior trial testimony be used to impeach a witness in a subsequent civil action?

• A. In any case, without restrictions
• B. If the witness testifies in a subsequent civil action involving the same parties and subject matter
• C. Only if the witness is unavailable
• D. Only if the testimony was given under oath previously

Answer: (B)

Impeachment by prior sworn testimony hinges on interplay between the current case and the prior proceeding. A witness’s testimony from a earlier trial or hearing can be used to impeach that same witness in a later civil action only when the civil action involves the same parties (or their privies) and the same subject matter as the prior proceeding. This rule protects the integrity of cross-examination and ensures the prior testimony is relevant to issues actually in dispute in the new case.

So the best answer reflects that limitation: you can use prior trial testimony to impeach only if the subsequent civil action involves the same parties and the same subject matter. It isn’t an unlimited rule (hence not the option that has no restrictions), and it isn’t just about unavailability or about testimony being given under oath in isolation—the tying factors are the parties/privies and the subject matter.