Hearsay Exceptions: Declarant Unavailable

Question 1

Hearsay Exceptions for When Declarant is Unavailable

5

Answer 1

(1) Former Testimony
(2) Dying Declarations
(3) Statements Against Interest
(4) Statements of Personal/Family History
(5) Forfeiture by Misconduct

Question 2

Exception: Former Testimony

Answer 2

Given by an unavailable witness under oath at a prior hearing or deposition

Admissible if party against whom the testimony is being offered had opportunity and similar motive to develop testimony by direct or cross-examination

Question 3

Exception: Dying Declarations

Answer 3

Declarant believes their death is IMMINENT

Statement pertains to CAUSE OR CIRCUMSTANCE of death

Applies only in homicide and civil cases

Question 4

Exception: Statements Against Interest

Answer 4

(1) Statement was AGAINST DECLARANT’S INTEREST at time made; and
(2) Reasonable person would not have made statement UNLESS IT WAS TRUE

Question 5

Exception: Statements of Person/Family History

Answer 5

Statements concerning the unavailable declarant’s own birth, adoption, marriage, familial relationship, etc. are admissible under this exception

Question 6

Exception: Forfeiture by Misconduct

Answer 6

If a party engages in wrongdoing for the purpose of making the declarant unavailable to testify, and renders the declarant unavailable, then:

(1) The party CANNOT CLAIM DECLARANT UNAVAILABLE; and
(2) Anything declarant said against party CAN BE ADMITTED