Saturday, February 28, 2015

If a motion to quash is granted, but then the charges are refiled can all the old testimony, evidence, and witnesses be used in the new case?

Question

If a motion to quash is granted, but then the charges are refiled can all the old testimony, evidence, and witnesses be used in the new case?



Answer

In some ways. It could be used to refresh a witness's memory or impeach them. It could possibly be used at trial if one of the witnesses becomes "unavailable" as defined by the rules of evidence.



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