Hearsay Exceptions - Declarant Unavailable

Question 1

Former Testimony

Answer 1

party against whom testimony is offered had an opportunity and similar motive to develop testimony.

Does NOT apply to testimony made in a grand jury proceeding.

Question 2

Unavailable Declarant

Answer 2

refused to testify; out of the country and can’t be subpoenaed.

Question 3

Dying Declaration

Answer 3

o Declarant believes death is imminent and statement pertains to cause/circumstances of death
o Applies only to homicide in civil cases
o Don’t have to die for this to apply, but must be unavailable another way.

Question 4

Statements Against Interest

Answer 4

Against declarant’s proprietary interest and a reasonable person wouldn’t have made the statement unless it was true.

Question 5

Statements of personal or family history

Answer 5

Birth, adoption, marriage, divorce, or other similar fact of personal family history.

Question 6

Statement against a party that caused the declarant’s unavailability

Answer 6

wrongfully caused declarant’s unavailability is admissible.