Which provision covers declarant unavailable hearsay exceptions?

Which provision covers declarant unavailable hearsay exceptions?

• A. 804 (b)
• B. 805
• C. 1103
• D. 101

Answer: (A)

When a declarant is unavailable, restrictions on admissible hearsay loosen under a specific rule that lays out the exceptions for that situation. The idea is that if the witness can’t testify, certain reliable statements made earlier can still come in. Those are found in Rule 804(b), which lists the main categories of exceptions for unavailable declarants—things like former testimony given at a prior proceeding, dying declarations, and statements against the declarant’s own interest. That’s why this choice is the best: it pinpoints the provision that governs those unavailable-declarant exceptions. The other provisions address different aspects of hearsay or procedure—in particular, hearsay within hearsay, scope and applicability, or rule construction—not the unavailable-declarant exceptions themselves.

When a declarant is unavailable, restrictions on admissible hearsay loosen under a specific rule that lays out the exceptions for that situation. The idea is that if the witness can’t testify, certain reliable statements made earlier can still come in. Those are found in Rule 804(b), which lists the main categories of exceptions for unavailable declarants—things like former testimony given at a prior proceeding, dying declarations, and statements against the declarant’s own interest.

That’s why this choice is the best: it pinpoints the provision that governs those unavailable-declarant exceptions. The other provisions address different aspects of hearsay or procedure—in particular, hearsay within hearsay, scope and applicability, or rule construction—not the unavailable-declarant exceptions themselves.