Unavailable declarant required: grounds of unavailability: death or illness, absence from jurisdiction, privilege not to testify, stubborn refusal to testify, and lack of memory
a. Former testimony: former testimony given at a former proceeding or deposition admissible against a party who had an opportunity and motive to cross-ex or develop testimony of the declarant at the earlier proceeding if the same issues in both proceedings; if witness unavailable due to party’s wrongdoing and wrongdoing proved by preponderance of the evidence, prior statements are admitted against that party
b. Statement against interest: a statement against declarant’s own pecuniary, proprietary, or penal interest; in criminal cases, a statement against penal interest must be corroborated if offered to exculpate ?
c. Dying declaration: a statement made under a belief of impending and certain death concerning the cause or surrounding circumstances of the declarant’s death; available in all civil cases but only in criminal homicide cases.
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