The criterion for being unavailable falls under which category of hearsay exceptions?

The criterion for being unavailable falls under which category of hearsay exceptions?

• A. Public records
• B. Recorded recollection
• C. Criteria for being unavailable
• D. Statements in ancient documents

Answer: (C)

Some hearsay exceptions only apply if the declarant is unavailable to testify. These are the unavailability-based exceptions (the category that hinges on the declarant being unavailable). The criterion for being unavailable belongs to this category, which is why it’s the best answer. The other options refer to exceptions that don’t depend on the declarant’s unavailability (for example, public records, recorded recollection, and statements in ancient documents are admissible under their own rules regardless of whether the declarant is available).

Some hearsay exceptions only apply if the declarant is unavailable to testify. These are the unavailability-based exceptions (the category that hinges on the declarant being unavailable). The criterion for being unavailable belongs to this category, which is why it’s the best answer. The other options refer to exceptions that don’t depend on the declarant’s unavailability (for example, public records, recorded recollection, and statements in ancient documents are admissible under their own rules regardless of whether the declarant is available).