During the trial, an investigator observes that one of the principal witnesses is severely ill and cannot be present for the hearing. He decides to record the evidence and present it to the court. Under which rule should he present such evidence?
During the trial, an investigator observes that one of the principal witnesses is severely ill and cannot be present for the hearing. He decides to record the evidence and present it to the court. Under which rule should he present such evidence?
When a principal witness is severely ill and cannot be present for the hearing, the evidence can be recorded and presented to the court under the hearsay rule. Specifically, Rule 804 addresses hearsay exceptions where the declarant (witness) is unavailable due to reasons including a then-existing physical illness. Therefore, Rule 804 best fits the given scenario.
A. Rule 1003: Admissibility of Duplicates
D Rule 804
The correct answer is D. Hearsay.
Rule 804. Hearsay Exceptions; Declarant Unavailable (a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant: (1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies; (2) refuses to testify about the subject matter despite a court order to do so; (3) testifies to not remembering the subject matter; (4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness; or
Many of us are not attorneys or judges. But when you look closely at the question and compare Rule 1003 and Rule 804, the answer is Hearsay D