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Witness testified under oath at an earlier injunction hearing about the same machine failure now at issue in a federal damages trial. Defendant's lawyer cross-examined Witness at the injunction hearing on the cause of the failure. Witness is now unavailable because of a serious illness. Plaintiff offers the prior testimony against Defendant.
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The prior testimony is inadmissible in civil cases. The prior testimony is admissible only if the declarant now remembers the events. The prior testimony is admissible if the witness is unavailable and the party against whom it is offered had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. The prior testimony is admissible whenever it was under oath, even if the opposing party had no chance to examine the witness.

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