Legal Memorandum: Hearsay exceptions – unavailability of declarant as witness

Issue: Under the Illinois Rules of Evidence, what are the exceptions to the hearsay rule when the declarant is not available as a witness?

Area of Law: Uncategorized
Keywords: ; Declarant; Unavailable; Hearsay
Jurisdiction: Illinois
Cited Cases: 393 Ill. Dec. 37
Cited Statutes: None
Date: 12/01/2015

New Jersey Rule 1:4-8 provides the procedure for invoking as well as avoiding sanctions. It also provides information on dealing with a threat of sanctions.  The Rules states:

(a)        Effect of Signing, Filing or Advocating a Paper. The signature of an attorney or pro se party constitutes a certificate that the signatory has read the pleading, written motion or other paper. By signing, filing or advocating a pleading, written motion, or other paper, an attorney or pro se party certifies that to the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:


(1)        the paper is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2)        the claims, defenses, and other legal contentions therein are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3)        the factual allegations have evidentiary support or, as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable opportunity for further investigation or discovery indicates insufficient evidentiary support; and

(4)        the denials of factual allegations are warranted on the evidence or, as to specifically identified denials, they are reasonably based on a lack of information or belief […]

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