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<h1>Relevancy of statements: summons response statements may be admissible when the maker is unavailable or the court admits them in justice.</h1> A written and signed statement made in response to a summons under section 70 is relevant in prosecution to prove its facts if the maker is unavailable to testify-being dead, missing, incapable, kept away by an adverse party, or cannot be produced without unreasonable delay or expense-or when the maker is examined as a witness and the court admits the statement in the interest of justice.