Evidence admissibility requires the tendering party to prove foundational facts before relying on dying declarations or secondary evidence. Admissibility of evidence depends on the party tendering it proving any foundational fact required before that evidence may be received. The burden lies ... Summary
Evidence admissibility requires the tendering party to prove foundational facts before relying on dying declarations or secondary evidence.
Admissibility of evidence depends on the party tendering it proving any foundational fact required before that evidence may be received. The burden lies on the person seeking to rely on the subsequent evidence. A party relying on a dying declaration must establish the declarant's death, while a party seeking secondary evidence of a document's contents must establish loss of the original document.
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