Evidence-Wellborn SU2006 Outline

In practice this provision extends to the federal

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Unformatted text preview: n was aware of his danger, then the requirement of impending death is met. Therefore, a decedent does not have to be told he is dying; it can be obvious from the circumstances that death is impending." Notes: Reason for this hearsay exception eliminates the hearsay danger of lying: o Declarant has such a belief that he is facing death that it removes ordinary wordly motives for misstatement. o If you know you are going to die, you have no reason to lie! There is no requirement that the declarant have abandoned ALL hope of recovery! It is enough that you know that there's a very good chance that you are going to die! NOTE: You don't have to actually die for dying declarations to be admissible just have to be unavailable within the meaning of 804(a) KEY! Example: Doctors told me I was going to die in 12 hours, miraculously I didn't die, made some statements. Now I have a lack of memory of those statements...unavailable within the terms of 804(a), statements are admissible under 804(b)(2). Statement Against Interest FRE 804...
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