Evidence

Question 1

What is the hearsay exception related to a declarant’s unavailability?

Answer 1

A statement made by a declarant who is unavailable to testify is not excluded as hearsay if it was against the declarant’s interest at the time it was made.

This means that the declarant had something to lose by making the statement, which adds to its credibility.

Question 2

Under what condition is a hearsay statement admissible?

Answer 2

The statement would not have been made by a reasonable person unless he believed it to be true.

This criterion ensures that the declarant had a genuine belief in the truth of the statement, further supporting its admissibility.