804 Hearsay Exceptions - Declarant Unavailable

Question 1

804 (b)(1) Former testimony

Answer 1

testimony given as a witness at another hearing, deposition, or proceeding may be admissible if:
1) In a Criminal Case - the same party against whom the testimony is now offered, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. OR
2) In a civil proceeding - the party against whom the testimony is now offered had a predecessor in interest who had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
NOTE: Does not include affidavits, police statements, or grand jury testimony.

Question 2

804 (b)(2) Dying Declarations

Answer 2

1) A statement made under the belief of impending death.
2) Admissible ONLT in a prosecution for homicide or in a civil action or proceeding
3) The statement concerned the cause or circumstances of what the declarant believed to be impending death.

Question 3

804 (b)(3) Statements against interest

Answer 3

A statement which was at the time of its making was

1) so far contrary to the declarant’s pecuniary or proprietary interest, or
2) so far tended to subject the declarant to civil or criminal liability, or
3) would render invalid a claim by the declarant against another,
4) In Criminal Cases - A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.