HEARSAY EXCEPTION- DECLARANT UNAVAILABLE

Question 1

FORMER TESTIMONY

Answer 1

admissible as long as there is sufficient similarity of parties and issues so that the opportunity to develop testimony or cross at the prior hearing was meaningful

• predecessor in interest: party against whom testimony is offered now was a party in the former action
• subject matter: enough that the subject matter of testimony is the same
• must have had an opportunity to develop testimony at prior proceeding
• in criminal proceedings: no violation of confrontation clause as long as: right to confront and cross-examine at the time testimony was given and witness whose testimony is sought to be used is unavailable

Question 2

STATEMENT AGAINST INTEREST

Answer 2

statement must have been against the against pecuniary, proprietary or penial interest when made such that a reasonable person would have made it only if she believed it to be true
declarant must have had knowledge of the personal facts
declarant must have been aware that the statement is against her interest and must have had no motive to misrepresent
declarant must be unavailable as a witness

Question 3

DYING DECLARATIONS

Answer 3

in homicide or civil action only
a statement made while believing death was imminent that concerns the cause or circumstances of what he believed to be is impending death
- firsthand knowledge required

Question 4

STATEMENT OF PERSONAL OR FAMILY HISTORY

Answer 4

admissible regarding birth, marriage, divorce, death, relationship, etc
- statement need not be made before controversy
- usually declarant must be a family member
- personal knowledge required
-

Question 5

STATEMENT OFFERED AGAINST PARTY WHO MADE DECLARANT UNAVAILABLE

Answer 5

admissible when offered against a party who has engaged or acquiesced the wrongdoing that made the declarant unavailable as a witness if the unavailability was the intended result