Admissibility of unavailable-declarant statements: specific hearsay exceptions permit such statements when made in ordinary business, adverse interest, or on death cause. Statements by persons who are dead, cannot be found, are incapable of giving evidence, or whose attendance cannot reasonably be procured, are relevant where they concern the declarant's cause of death, were made in the ordinary course of business or professional duty, are adverse to the declarant's pecuniary or proprietary interests, give opinions on public rights or customs made before controversy, or relate to familial relationships where the declarant had special means of knowledge, including statements in wills, deeds, pedigrees or memorial inscriptions made before dispute.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Admissibility of unavailable-declarant statements: specific hearsay exceptions permit such statements when made in ordinary business, adverse interest, or on death cause.
Statements by persons who are dead, cannot be found, are incapable of giving evidence, or whose attendance cannot reasonably be procured, are relevant where they concern the declarant's cause of death, were made in the ordinary course of business or professional duty, are adverse to the declarant's pecuniary or proprietary interests, give opinions on public rights or customs made before controversy, or relate to familial relationships where the declarant had special means of knowledge, including statements in wills, deeds, pedigrees or memorial inscriptions made before dispute.
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