19. Testimony of a witness given at a former trial (former testimony) A. even if considered hearsay, may be admitted at a subsequent trial if the witness making the statement is legitimately unavailable and the testimony at the former trial relates substantially to the same subject matter and is between the same parties. B. is always admissible at a subsequent trial if the witness was under oath at the first trial. INCORRECT C. is never admissible at a subsequent trial unless the same witness that testified at the first trial appears in court at the second trial for cross-examination. D. is not admissible at a subsequent trial unless the witness is dead and it relates to the same subject matter