Hearsay Exceptions: What Does “Unavailability” Mean?
Published for NC Criminal Law on March 10, 2014.
In earlier posts I covered the major Rule 803 hearsay exceptions, for which unavailability is immaterial. Rule 804 contains additional hearsay exceptions, but they only apply when the declarant is unavailable. What does unavailability mean? The Rule specifies five circumstances when a declarant is unavailable. The sections below explore them. Privilege. A witness is unavailable ... Read more
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