Quick Tip: The Dying Declaration Exception
The dying declaration exception to the hearsay rule allows the admissibility of a statement in a homicide prosecution or any civil action if made by a declarant who is now unavailable, provided: (i) the declarant believed their death was imminent (though they need not actually die); and (ii) the statement pertains to the cause or circumstances of what they believed to be their impending death. It is crucial that the statement reflects the declarant’s direct perceptions and knowledge of the events (e.g., mere opinions or speculations do not qualify).
There are several key aspects of the dying declaration exception to note:
First, the applicability of this exception is limited to specific cases. It is relevant in all civil actions and only in homicide prosecutions, not extending to cases such as attempted murder.
Second, don’t fall for an answer choice like this: “The dying declaration exception to the hearsay rule does not exist because the declarant did not die.” While the declarant must be unavailable for the dying declaration exception to be applicable, the declarant doesn’t need to die. Of course, if the declarant is dead, the declarant is unavailable. But there are other ways for the declarant to be deemed to be unavailable. For example, the declarant might be unconscious, refuse to testify, etc. Therefore, the fact that the declarant didn’t die, as indicated in the example, doesn’t preclude the applicability of the dying declaration exception.
