ND Bar Practice Questions - North Dakota Bar Examination Exam

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A declarant, while being struck by a car, exclaims 'That blue truck just ran the red light!' The declarant is unavailable at trial, and a witness who heard the statement is called to repeat it. Which hearsay exception most directly applies?

Dying declaration Present sense impression or excited utterance under FRE 803(1)-(2) Statement against interest Former testimony

Correct Answer:

Present sense impression or excited utterance under FRE 803(1)-(2)

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