Legal Memorandum: Admissibility of prior statement in serious felony prosecutions

Issue: During serious felony proceedings, when a declarant is unavailable to be a witness, may their prior statement nonetheless be received as evidence under Cal. Evid. Code 1350?

Connecticut Practice Book §§11-11 and 11-12 provide information for filing a motion to reargue final judgments:

(a)    A party who wishes to reargue a decision or order rendered by the court shall, within twenty days from the issuance of notice of the rendition of the decision or order, file a motion to reargue setting forth the decision or order which is the subject of the motion, the name of the judge who rendered it, and the specific grounds for reargument upon which the party relies.

(b)   The judge who rendered the decision or order may, upon motion of a party and a showing of good cause, extend the time for filing a motion to reargue. Such motion for extension must be filed before the expiration of the twenty day time period in subsection (a).

(c)    The motion to reargue shall be considered by the judge who rendered the decision or order. Such judge shall decide, without a hearing, whether the motion to reargue should be granted. If the judge grants the motion, the judge shall schedule the matter for hearing on the relief requested.

(d)   This section shall not apply to motions to reargue decisions which are final judgments for purposes of appeal. Such motions shall be filed pursuant to Section 11-11.

Conn. Practice Book § 11-12 (2015). 

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