| Term | Definition |
|---|
| 804 a | definition of unavailability |
| 804 a 1 | exempted by ruling of the court on ground of privelage |
| 804 a 2 | persists in refusing to testify concerning declarants mood |
| 804 a 3 | declarant is not in present state (usage of 803 5) memory loss or even when the case happened so long ago it cannot be remembered |
| 804 b | hearsay exceptions must find that declarant is unavailable |
| 804 b 1 | if testimony of a witness was under oath and available for cross examination then it may be used if witness is no where to be found or dead or unable to testify, but only if testimony was heard in a hearing or deposition. |
| 804 b 2 | statement under belief of impending death is assumed to be truthful ergo not considered hearsay. |
| 804 b 4 A | a person from the declarants bloodline may testify about family bloodline it is assumed truthful |
| 804 b 4 B | Someone intimate to the family may also testify about family bloodline |
| 805 | hearsay within hearsay. Hearsay may be throughly explained in order for it not to be considered hearsay. |
Combine with other sets
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