In the midst of a cybercrime investigation, a key witness has suddenly become unavailable due to a serious illness. According to Federal Rule 804, which exception to the rule against hearsay allows for introducing this witness’s previous testimony at a different trial in a current proceeding?
According to Federal Rule of Evidence 804, the exception to the rule against hearsay that allows for the introduction of a witness's previous testimony when that witness becomes unavailable due to serious illness is known as 'Former Testimony.' This rule specifically allows prior testimony given at a different trial to be admitted in current proceedings under certain conditions, such as when the declarant is unavailable.
D < https://www.law.cornell.edu/rules/fre/rule_804
If the declarant is unavailable as a witness, the following are not excluded by the Hearsay Rule: Former testimony Statement under belief of impending death Statement against interest Statement of personal or family history