RULE 804
            HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE


    (a) Definition of Unavailability. "Unavailability as a
witness" includes situations in which the declarant:

    (1) Is exempted by ruling of the court on the ground of
privilege from testifying concerning the subject matter of the
declarant's statement; or

    (2) Persists in refusing to testify concerning the subject
matter of the declarant's statement despite an order of the court
to do so; or

    (3) Testifies to a lack of memory of the subject matter of
the declarant's statement; or

    (4) Is unable to be present or to testify at the hearing
because of death or then existing physical or mental illness or
infirmity; or

    (5) Is absent from the hearing and the proponent of the
statement has been unable to procure the declarant's attendance
(or in the case of a hearsay exception under subsection (b)(2),
(3), or (4), the declarant's attendance or testimony) by process
or other reasonable means.

    (6) A declarant is not unavailable as a witness if the
exemption, refusal, claim of lack of memory, inability, or
absence is due to the procurement or wrongdoing of the proponent
of a statement for the purpose of preventing the witness from
attending or testifying.

    (b) Hearsay Exceptions. The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:

    (1) Former Testimony. Testimony given as a witness at another
hearing of the same or a different proceeding, or in a deposition
taken in compliance with law in the course of the same or another
proceeding, if the party against whom the testimony is now
offered, or, in a civil action or proceeding, a predecessor in
interest, had an opportunity and similar motive to develop the
testimony by direct, cross, or redirect examination.

    (2) Statement Under Belief of Impending Death. In a trial for
homicide or in a civil action or proceeding, a statement made by
a declarant while believing that the declarant's death was
imminent, concerning the cause or circumstances of what the
declarant believed to be the declarant's impending death.

    (3) Statement Against Interest. A statement which was at the
time of its making so far contrary to the declarant's pecuniary
or proprietary interest, or so far tended to subject the
declarant to civil or criminal liability, or to render invalid a
claim by the declarant against another, that a reasonable person
in the declarant's position would not have made the statement
unless the person believed it to be true. In a criminal case, a
statement tending to expose the declarant to criminal liability
is not admissible unless corroborating circumstances clearly
indicate the trustworthiness of the statement.

    (4) Statement of Personal or Family History. (i) A statement
concerning the declarant's own birth, adoption, marriage,
divorce, legitimacy, relationship by blood, adoption, or
marriage, ancestry, or other similar fact of personal or family
history, even though declarant had no means of acquiring personal
knowledge of the matter stated; or (ii) a statement concerning
the foregoing matters, and death also, of another person, if the
declarant was related to the other by blood, adoption, or
marriage or was so intimately associated with the others family
as to be likely to have accurate information concerning the
matter declared.

    (5) Other Exceptions. (Reserved.)


[Amended effective September 1, 1992.]


            Comment 804

[Deleted effective September 1, 2006.]