AL Bar Practice Questions - Alabama Bar Examination Exam

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At trial, a party offers a statement made by a declarant who is unavailable. The statement was made by the declarant while believing his death was imminent, concerning the cause or circumstances of what he believed to be his impending death. Under the Federal Rules of Evidence, is the statement admissible?

No, it is inadmissible hearsay in all cases Yes, as a dying declaration in a homicide prosecution or any civil case, if the declarant is unavailable Yes, but only in criminal cases of any kind No, unless the declarant actually died

Correct Answer:

Yes, as a dying declaration in a homicide prosecution or any civil case, if the declarant is unavailable

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