Identification
Definition
The Unavailable Declarant Objective is a hearsay exception that allows the admission of certain statements made by a declarant who is unavailable to testify at a trial or hearing. This exception is based on the principle that the hearsay rule should not exclude reliable evidence when the declarant cannot be present to testify, and the statements fall under specific categories outlined in the Federal Rules of Evidence.
Examples
- • Declarant is absent from the hearing or trial and the proponent of the statement is unable to secure attendance by a subpoena or other process.
- • Declarant is exempted from testifying by a ruling on the ground of privilege.
- • Declarant is unable to be present because of an existing physical or mental illness or death.
- • Declarant persists in refusing to testify despite a court order.
- • Declarant testifies to a lack of memory of the subject matter of the statement.
Class Relationships
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Is Defined By
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See Also
None
Parent Class Of 4
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Additional Information
Metadata
Comment
None
Description
None
Notes
- • None
Editorial Information
History Note
None
Editorial Note
None
Deprecated
No
Source and Origin
Source
Fed. R. Evid. 804(a)