Exceptions to the Hearsay Rule (Declarant Unavailable)

Question 1

FRE 804 Hearsay Exceptions; Declarant Unavailable

Answer 1

804. Hearsay Exceptions; Declarant Unavailable

         (a) Definition of unavailability. "Unavailability as a witness" includes situations in which the
          declarant:
                          (1) is exempted by ruling of the court on the ground of privilege from testifying concerning
                          the subject matter of the declarant's statement; or
     
                          (2) persists in refusing to testify concerning the subject matter of the declarant's statement
                          despite an order of the court to do so; or
     
                          (3) testifies to a lack of memory of the subject matter of the declarant's statement; or
     
                          (4) is unable to be present or to testify at the hearing because of death or then existing
                          physical or mental illness or infirmity; or
     
                           (5) is absent from the hearing and the proponent of a statement has been unable to procure
                           the declarant's attendance (or in the case of a hearsay exception under subdivision (b)(2), (3),                                  or (4), the declarant's attendance or testimony) by process or other reasonable means.
     														 
     														 
               A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory,
             inability, or absence is due to the procurement or wrongdoing of the proponent of a statement
             for the purpose of preventing the witness from attending or testifying.

Question 2

FRE: General Dissussion of Meanign of Unavailabilty

Answer 2

Question 3

Declarant Unavailable- Former Testimony [FRE 804 (b)(1)]

Answer 3

Question 4

Declarant Unavailable- Dying Declaration [FRE 804(b)(2)]

Answer 4

Question 5

DECLARANT UNAVAILABLE – DECLARATIONS AGAINST INTEREST (FRE 804(b)(3))

Answer 5

Question 6

Comparsion of Statment Agaisnt interest Exception and admission by a party Opponenet.

Answer 6

Question 7

DECLARANT UNAVAILABLE – FORFEITURE BY WRONGDOING (FRE 804(b)(6))

Answer 7

FRE 804: Hearsay Exceptions: Declarant Unavailiable

        (b) Hearsay exceptions. The followign are not excluded by the hearsay rule if the declarant is unavailable as a witness: 
					
					
					(6) Forfeiture by Wrongfdoing: A statement offered agaisnt a party that has engaged or aquiesced wrongdoing that was intended to, and did, procure the unavailabilty of the declarant as a witness

Question 8

FRE 804: Hearsay Exception; Declarant Unavaible

Answer 8