hearsay unavailability exceptions

Question 1

804(a) unavailable definition

Answer 1

exempt from testifying b/c privilege, refuses to testify despite court order, testifies they don’t remember, death/phys or mental illness, cannot reasonably procure declarant’s attendance

Question 2

804(b)(1) past testimony

Answer 2

must be offered against a party (in civil, successor in interest) who had an opportunity and similar motive to develop it by direct/cross/redirect examination

Must be made by a witness at A trial, hearing, or lawful deposition

similar motive doesn’t mean exactly identical, just factual similarity

Question 3

804(b)(3) statement against interest

Answer 3

statements which at the time of their making so far tended to SUBJECT (a privileged statement doesn’t do this) delcarant to crim. liability that a reasonable person in their position would not have made the statement unless believing them to be true

statement here means: single declaration or statement, only those remarks in the confession that are individually self-inculpatory

requires corroborating circumstances that clearly indicate trustworthiness

Question 4

804(b)(2) dying declaration

Answer 4

limited to civil actions and homicide prosecutions

declarant must have firsthand knowledge

can be used if person recovered + still unavailable

Question 5

804(b)(6) forfeiture by wrongdoing

Answer 5

must show by preponderance of the evidence

1) D engaged or acquiesced in wrongdoing 2) that was intended to render declarant unavailable as a witness (in any trial); 3) that did in fact render declarant unavailable