Under the hearsay framework, which category addresses criteria for when a declarant is unavailable?

Under the hearsay framework, which category addresses criteria for when a declarant is unavailable?

• A. Recorded recollection
• B. Public records
• C. Criteria for being unavailable
• D. Reputation concerning character

Answer: (C)

Understanding unavailability is about when the rule allows certain statements to be admitted despite being hearsay. The category that addresses when a declarant is unavailable sets out the conditions under which a declarant is considered unavailable for testimony—things like privilege, refusal to testify after being subpoenaed, death or physical/mental incapacity, or lack of memory after being offered an opportunity to testify. Once unavailability is established, specific exceptions kick in, such as former testimony, dying declarations, or statements against interest. The other options describe separate hearsay allowances: recorded recollection deals with refreshing memory or presenting a recorded memory when the witness can’t recall; public records covers documents kept in the ordinary course; and reputation concerning character concerns how a person’s character is described by others. Hence, the category that addresses criteria for when a declarant is unavailable is the unavailability criteria category.

Understanding unavailability is about when the rule allows certain statements to be admitted despite being hearsay. The category that addresses when a declarant is unavailable sets out the conditions under which a declarant is considered unavailable for testimony—things like privilege, refusal to testify after being subpoenaed, death or physical/mental incapacity, or lack of memory after being offered an opportunity to testify. Once unavailability is established, specific exceptions kick in, such as former testimony, dying declarations, or statements against interest. The other options describe separate hearsay allowances: recorded recollection deals with refreshing memory or presenting a recorded memory when the witness can’t recall; public records covers documents kept in the ordinary course; and reputation concerning character concerns how a person’s character is described by others. Hence, the category that addresses criteria for when a declarant is unavailable is the unavailability criteria category.