FRE · Rule 804
FRE Rule 804 outlines the exceptions to the hearsay rule when a declarant is unavailable. It clarifies the conditions under which hearsay statements may be admissible.
Source: FRE Rule 804
Rule 804 provides that a statement is not excluded by the rule against hearsay if the declarant is unavailable as a witness and the statement falls within certain specified categories, including former testimony, dying declarations, statements against interest, and statements of personal or family history.
FRE Rule 804 allows certain statements to be admitted as evidence even if they are hearsay, but only if the person who made the statement is unavailable to testify. Examples include prior testimony, statements made during a serious illness, or admissions against one's own interest.
The purpose of Rule 804 is to ensure that reliable and relevant evidence can be admitted in court even when the original declarant cannot be present. This rule helps balance the need for fair trials with the necessity of admitting truthful statements under specific conditions.
Defines what it means for a declarant to be 'unavailable' including situations like death, illness, or refusal to testify.
Lists specific hearsay exceptions applicable when the declarant is unavailable, such as former testimony, dying declarations, statements against interest, and others.
This case clarified the application of the 'statement against interest' exception, emphasizing the necessity for corroborating evidence when a declarant is unavailable.
This case addressed the admissibility of co-conspirator statements, which may also intersect with the definitions of unavailability and the hearsay exceptions.
Focus on identifying whether a declarant is unavailable and whether the statement qualifies under one of the hearsay exceptions listed in Rule 804. Analyze scenarios in which hearsay evidence may be presented or challenged.