47. Relevancy of certain evidence for proving, in subsequent proceeding the truth of facts therein stated..
Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable.
Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable.
Provided that‑‑
The proceeding was between the same parties
or representatives‑in‑interest;
the adverse party in the first proceeding had
the right opportunity to cross‑examine;
the questions in issue were substantially the
same in the first as in the second proceeding.
Explanation.‑‑A criminal trial
or inquiry shall be deemed to be a proceeding between the prosecutor and the
accused within the meaning of this Article
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES