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Federal Evidence • Hearsay Exceptions - Unavailability Required
EVID#038
Legal Definition
In California, the dying declaration hearsay exception is admissible in any case, and must also concern the cause of death. There is a split in authority as to whether the declarant must actually be dead.
Plain English Explanation
As discussed under the Federal Rules card, dying declarations are an exception because it is assumed that a person about to die is very unlikely to lie. So if someone makes a statement about the cause of their own impending death, that statement can be admitted in court even though the person who made it cannot be cross-examined. This exception exists because such statements are considered reliable and it may be the only evidence available about what happened to the victim.
In California, dying declarations can be admitted in any type of case, not just civil and murder cases like under the Federal Rules. Note that California law is unclear on whether the person actually has to die for their statement to qualify under this exception or just believes they are dying when they make the statement.
In California, dying declarations can be admitted in any type of case, not just civil and murder cases like under the Federal Rules. Note that California law is unclear on whether the person actually has to die for their statement to qualify under this exception or just believes they are dying when they make the statement.
Hypothetical
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Related Concepts
Does California recognize the statement of personal or family history hearsay exception?
How does the former testimony hearsay exception differ in California?
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How does the statement offered against party procuring declarant's unavailability hearsay exception differ in California?
In California, what is the past physical condition or statement of mind (where at issue in the case) hearsay exception, and does it require the witness to be available?
In California, what is the statement describing infliction—or threat—of physical injury hearsay exception, and does it require the witness to be available? This is sometimes called the "OJ Exception."
What is the dying declaration hearsay exception, and does it require the witness to be available?
What is the former testimony hearsay exception, and does it require the witness to be available?
What is the statement against interest hearsay exception, and does it require the witness to be available?
What is the statement offered against party procuring declarant's unavailability hearsay exception, and does it require the witness to be available?
What is the statement of personal or family history hearsay exception, and does it require the witness to be available?
