(4) Statement of Personal or Family History. (B) is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability. (A) a reasonable person in the declarant’s position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant’s proprietary or pecuniary interest or had so great a tendency to invalidate the declarant’s claim against someone else or to expose the declarant to civil or criminal liability and In a prosecution for homicide or in a civil case, a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause or circumstances.
(2) Statement Under the Belief of Imminent Death. (B) is now offered against a party who had - or, in a civil case, whose predecessor in interest had - an opportunity and similar motive to develop it by direct, cross-, or redirect examination. (A) was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one and The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness: (B) the declarant’s attendance or testimony, in the case of a hearsay exception under Rule 804(b)(2), (3), or (4).īut this subdivision (a) does not apply if the statement’s proponent procured or wrongfully caused the declarant’s unavailability as a witness in order to prevent the declarant from attending or testifying. (A) the declarant’s attendance, in the case of a hearsay exception under Rule 804(b)(1) or (6) or
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(5) is absent from the trial or hearing and the statement’s proponent has not been able, by process or other reasonable means, to procure: (4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness or (3) testifies to not remembering the subject matter (2) refuses to testify about the subject matter despite a court order to do so (1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies A declarant is considered to be unavailable as a witness if the declarant: