FEDERAL RULES OF EVIDENCE

ARTICLE VIII. HEARSAY

Rule 804. Hearsay Exceptions; Declarant Unavailable

(a) Definition of unavailability.

"Unavailability as a witness" includes situations in which the declarant--

(1) is exempted by ruling of the court on the ground of privilege from testifying
concerning the subject matter of the declarant's statement; or

(2) persists in refusing to testify concerning the subject matter of the declarant's
statement despite an order of the court to do so; or

(3) testifies to a lack of memory of the subject matter of the declarant's statement; or

(4) is unable to be present or to testify at the hearing because of death or then
existing physical or mental illness or infirmity; or

(5) is absent from the hearing and the proponent of a statement has been unable to
procure the declarant's attendance (or in the case of a hearsay exception under
subdivision (b)(2), (3), or (4), the declarant's attendance or testimony) by process or
other reasonable means.

A declarant is not unavailable as a witness if exemption, refusal, claim of lack of
memory, inability, or absence is due to the procurement or wrongdoing of the
proponent of a statement for the purpose of preventing the witness from attending or
testifying.

(b) Hearsay exceptions.

The following are not excluded by the hearsay rule if the declarant is unavailable as a
witness:

(1) Former testimony. Testimony given as a witness at another hearing of the same
or a different proceeding, or in a deposition taken in compliance with law in the course
of the same or another proceeding, if the party against whom the testimony is now
offered, or, in a civil action or proceeding, a predecessor in interest, had an
opportunity and similar motive to develop the testimony by direct, cross, or redirect
examination.

(2) Statement under belief of impending death. In a prosecution for homicide or in a
civil action or proceeding, a statement made by a declarant while believing that the
declarant's death was imminent, concerning the cause or circumstances of what the
declarant believed to be impending death.

(3) Statement against interest. A statement which was at the time of its making so far
contrary to the declarant's pecuniary or proprietary interest, or so far tended to
subject the declarant to civil or criminal liability, or to render invalid a claim by the
declarant against another, that a reasonable person in the declarant's position would
not have made the statement unless believing it to be true. 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.

(4) Statement of personal or family history. (A) A statement concerning the
declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood,
adoption, or marriage, ancestry, or other similar fact of personal or family history,
even though declarant had no means of acquiring personal knowledge of the matter
stated; or (B) a statement concerning the foregoing matters, and death also, of
another person, if the declarant was related to the other by blood, adoption, or
marriage or was so intimately associated with the other's family as to be likely to
have accurate information concerning the matter declared.

(5) [Transferred to Rule 807 ]

(6) Forfeiture by wrongdoing. A statement offered against a party that has engaged or
acquiesced in wrongdoing that was intended to, and did, procure the unavailability of
the declarant as a witness.

Federal Rules of Evidence: ARTICLE VIII. HEARSAY: Rule 804. Hearsay Exceptions; Declarant Unavailable: Notes

Rule 403 Notes
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time-LII  
Rule 403 Legal Information Institute-LII
Rule 403 Notes Legal Information Institute-LII
Rule 409. Payment of Medical and Similar Expenses-LII
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements-LII
Law Students  MM
Federal Rules of Evidence: Rule 413: Notes
Federal Rules of Evidence: ARTICLE VI.  WITNESSES Rule 613. Prior Statements of Witnesses: NOTES  
Federal Rules of Evidence: ARTICLE VII. OPINIONS AND EXPERT TESTIMONY Rule 705. Disclosure of Facts or Data Underlying Expert Opinion

Federal Rules of Evidence: ArticleII-Rule 415.  Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
Federal Rules of Evidence: ARTICLE VI.  WITNESSES Rule 613. Prior Statements of Witnesses
Federal Rules of Evidence: ARTICLE VI.  WITNESSES Rule 614. Calling and Interrogation of Witnesses by Court
Rule 614. Calling and Interrogation of Witnesses by Court
Federal Rules of Evidence: ARTICLE VII. OPINIONS AND EXPERT TESTIMONY: Rule 801. Definitions
Federal Rules of Evidence: ARTICLE VIII. HEARSAY: Rule 802. Hearsay Rule