Analyzes common law origins and legislative history of this rule allowing exception to hearsay in cases where the witness is unavailable. Examines how it compares to California law, pretrial notice, cross-examination, rationale for, reliability and examp
Written in 1999; 4,500 words; 53 sources; $ 135.95
From the Paper:
"Federal Rule of Evidence 804(b)(5)
This paper will discuss various aspects of Federal Rule of Evidence 804(b)(5). The first part of the paper will briefly discuss the common law and legislative history of the rule. The second part of the paper will examine the rationale underlying the rule. The third part of the paper will briefly discuss comparative California law on the subject. The last part of the paper will examine how the rule has been applied and some criticisms of the rule and its application.
Federal Rule of Evidence 804(b)(5) provides a fifth exception to the general rule prohibiting the admission of hearsay evidence where the declarant is unavailable, allowing the following kind of statement:
A statement not specifically covered by any of the foregoing ..."
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