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Federal Rules of Evidence (US) QUESTION #3792
Question 1
Which of the following statements is NOT an exception to the hearsay rule where the declarant's UNavailability is required?
  • Statement against interest (Rule 804(b)(3)).
  • Dying declaration (Rule 804(b)(2)).
  • Statement of then-existing mental, emotional, or physical condition (Rule 803(3)).✔️
  • Former testimony (Rule 804(b)(1)).
Correct Answer Explanation
Rule 803 exceptions (like 803(3)) apply regardless of whether the declarant is available as a witness. Rule 804 exceptions require the declarant to be unavailable.