Weak Hearsay Exception

Question 1

Rule 804 (a)

Answer 1

criteria for being unavailable

1. is exempt from testifying because of privilege
2. refuses to testify despite a court order
3. testifies to not remembering
4. illness or death
5. is absent from the trial and hasn’t been able to procure the testimony

Question 2

Rule 804 (b)(1)

Answer 2

Former testimony

a. was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one
b. is now offered against a party who had in a civil case, whose predecessor in interest had and opportunity and similar motive to develop it by direct, cross, or redirect examination

Question 3

Rule 804 (b)(2)

Answer 3

statement under the belief of imminent death

may only be used in civil cases and homicide cases

Question 4

Rule 804 (b)(3)

Answer 4

statement against interest

a. a reasonable person in the declarant’s position would have made only if the person believed it to be true. because when it was made it was contrary to the declarants claim against someone else
b. is supported by corroborated evidence that clearly indicate its trustworthiness

Question 5

Rule 804 (b)(4)

Answer 5

statements of personal or family history

Question 6

Rule 807

Answer 6

The residual Exception