Unavailable Declarant Objective

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.

IRI: http://lmss.sali.org/Rxtm6yCTUcImGngCzkPcx0
Branch: Objectives
Children: 4
Source: Fed. R. Evid. 804(a)

Also known as

Declarant Unavailability Objective, Unavailability of Declarant Exception

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.

Ancestry path

Objectives Litigation Objectives Evidentiary Objectives Testimonial Objectives Hearsay Avoidance Objectives Hearsay Exception Objectives

Children 4

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