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Questions and Answers
Which of the following constitutes an instance when a witness is considered unavailable under FRE 804(a)?
Which of the following constitutes an instance when a witness is considered unavailable under FRE 804(a)?
Under which exception is former testimony admissible when the declarant is unavailable?
Under which exception is former testimony admissible when the declarant is unavailable?
In which situation can a dying declaration be admitted under FRE 804(b)(2)?
In which situation can a dying declaration be admitted under FRE 804(b)(2)?
Which criteria must be met for a statement against interest to be admissible under FRE 804(b)(3)?
Which criteria must be met for a statement against interest to be admissible under FRE 804(b)(3)?
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What requirement is specified under FRE 602 regarding hearsay exceptions?
What requirement is specified under FRE 602 regarding hearsay exceptions?
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Study Notes
Hearsay Exceptions for Unavailable Witnesses
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A witness is considered unavailable under FRE 804(a) if:
- They assert a valid privilege.
- They refuse to testify after being ordered.
- They cannot recall the subject matter.
- They are dead or incapacitated.
- They cannot be located despite reasonable efforts.
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Despite unavailability, witness statements may still be admissible under specific hearsay exceptions (FRE 804(b)) that meet the prerequisite of FRE 602 (personal knowledge).
Former Testimony (FRE 804(b)(1))
- Admissibility: A statement is admissible in criminal cases if the unavailable declarant testified in a prior hearing or deposition, the opposing party had the opportunity to cross-examine, and had a similar motive as in the current proceeding. In civil cases, a predecessor in interest must have the opportunity to cross-examine and a similar motive.
- Criteria: Former testimony is not hearsay if these conditions are met.
Dying Declaration (FRE 804(b)(2))
- Admissibility: A statement made by an unavailable declarant is admissible in civil cases or homicide prosecutions if the declarant believed death was imminent and the statement concerns the cause or circumstances of the expected death.
- Criteria: The declarant must believe death is imminent, and the statement must pertain to the cause or circumstance of their death.
Statement Against Interest (FRE 804(b)(3))
- Admissibility: A statement made by an unavailable declarant is admissible if the statement is so contrary to the declarant's propriety or pecuniary interest that a reasonable person in the declarant's position would not have made the statement unless it were true.
- Criteria: Statements must be against the declarant's interest; in criminal cases, corroborating evidence is often required.
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Description
This quiz covers the hearsay exceptions under FRE 804 for unavailable witnesses, focusing on the criteria for admissibility, particularly the former testimony exception. Test your understanding of these legal principles and their applications in criminal and civil cases.
