![]() ![]() A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true. A statement made by a declarant while believing that his death was imminent, concerning the cause or circumstances of what he believed to be his impending death. (2) Statement under belief of impending death. Testimony given in another proceeding by an expert witness in the form of opinions or inferences, however, is not admissible under this exception. Testimony given as a witness at another hearing of the same or a different proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a party with a similar interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: A declarant is not unavailable as a witness if his exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrong-doing of the proponent of his statement for the purpose of preventing the witness from attending or testifying.ī. (5) Is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means. (4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness, infirmity, or other sufficient cause or (3) Testifies to a lack of memory of the subject matter of his statement ![]() (2) Persists in refusing to testify concerning the subject matter of his statement despite an order of the court to do so (1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of his statement This includes situations in which the declarant: Except as otherwise provided by this Code, a declarant is "unavailable as a witness" when the declarant cannot or will not appear in court and testify to the substance of his statement made outside of court. Hearsay exceptions declarant unavailableĪ.
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