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Unformatted text preview: t; is now interpreted as a person with a similar interest based on comment in the Senate advisory notes. At common law, "predecessor in interest" meant the current party must have had privity with the prior party. Common law didn't use common "motive", it used "issue." o Using motive instead of issue makes the exception a little more narrow... Statement Under Belief of Impending Death (Dying Declarations) FRE 804(b)(2)
FRE 804(b)(2): Hearsay Exceptions; Declarant Unavailable. (b) Hearsay Exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: Statement Under Belief of Impending Death. In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death. Texas Rule Differs Here:
Federal rule permits dying declarations only in homicide prosecutions and in civil cases not in non-homicide criminal cases. Texas Rule exten...
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