Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Fed. Rule Evid. 804(a), states, in part, 'a declarant is not unavailable as a witness if his . . . absence is due to the procurement or wrongdoing of the proponent of his statement for the purpose of preventing the witness from attending or testifying'. Steele v. Taylor, 684 F.2d 1193, 1202 (6th Cir. 1982), cert. denied, 460 U.S. 1053, 103 S. Ct. 1501, 75 L. Ed. 2d 932 (1983); United States v. Seijo, 595 F.2d 116, 119-20 (2d Cir. 1979). 


For a statement against interest to be admissible under Rule 804, however, the declarant must have been unavailable at the time of the trial within the meaning of Rule 804(a).


Subsection (a) of that rule tells us a witness should be considered unavailable in five separate circumstances.: The declarant is unavailable if he '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.' Fed. R. Evid. 804(a)(5). 

Register or login to access full content



Professors
Professionals
Students