Can only be offered in civil cases or criminal homicide 804a - 5 circs where declarant is unavailable situations in which the declarant. The statement concerns the cause or circumstances of impending death Ii.Declarant believes that death is imminent A similar motive to direct, cross, or redirect examination in both proceeding DYING DECLARATION i.Declarant is unavailable as a witness per 804(a) The testimony is offered against the same party (or in a civil case, a predecessor in interest) Must be a former testimony (from another deposition or hearing) FORMER TESTIMONY i.Declarant is unavailable as a witness per 804(a) W's Prior Statements - 801d1A-C Obvious detail(s) that a biz record lacks untrustworthiness for admission The biz record appears to have been prepared for the sole purpose of litigation. OR only against the government in criminal cases What is another way that a proponent of a biz record's admission can satisfy "the duty to report" element? You can substitute this 803(6) element with one of the other Hearsay exceptions! For instance: Made pursuant to authority granted by law AND EITHER Except in criminal matters observed by the police or offered by the prosecution 803(8)(c), but ONLY in certain case, OR against certain party factual findings resulting from an investigation (including opinions or conclusions).803(8)(a) A public record of the activities of an office or an agency 803(8)(b), with an exception! matters observed pursuant to a duty imposed by law
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |