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|
|Cited Cases:||393 Ill. Dec. 37|
Illinois Rule 804 provides the exceptions to the rule against hearsay when the declarant is unavailable as a witness. The Rule also defines the situations in which a witness is considered “unavailable”.
Hearsay Exceptions; Declarant Unavailable
(a) Definition of Unavailability. “Unavailability as a witness” includes situations in which the declarant–
(1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant’s statement; or
(2) persists in refusing to testify concerning the subject matter of the declarant’s statement despite an order of the court to do so; or
(3) testifies to a lack of memory of the subject matter of the declarant’s statement; or
(4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or
(5) is absent from the hearing and the proponent of a statement has been unable to procure the declarant’s attendance (or in the case of a hearsay exception under subdivision (b)(2), (3), or (4), the declarant’s attendance or testimony) by process or other reasonable means.
A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of […]