Which rule provides an exception for statements offered against a party that wrongfully caused the declarant's unavailability?

Which rule provides an exception for statements offered against a party that wrongfully caused the declarant's unavailability?

• A. Rule 804. (b)(4)
• B. Rule 805
• C. Rule 901. (a)
• D. Rule 804. (b)(6)

Answer: (D)

When a declarant is unavailable, some hearsay statements can still be admitted if a rule called forfeiture by wrongdoing applies. This specific exception says that if the party against whom the statement is offered deliberately caused the declarant to be unavailable to testify, that party forfeits their right to object to the statement’s admissibility. In other words, the person who caused the unavailability cannot use that tactic to shield themselves from having those prior statements used against them. So the correct rule is the one that codifies forfeiture by wrongdoing under 804(b)(6). It targets the unfairness of letting someone benefit from obstructing testimony and ensures the declarant’s prior statements can come in despite the hearsay rule when the wrongdoing caused the absence. The other rules cover different situations (such as other hearsay exceptions or authentication) and do not address this specific scenario of unavailability caused by the party’s own misconduct.

When a declarant is unavailable, some hearsay statements can still be admitted if a rule called forfeiture by wrongdoing applies. This specific exception says that if the party against whom the statement is offered deliberately caused the declarant to be unavailable to testify, that party forfeits their right to object to the statement’s admissibility. In other words, the person who caused the unavailability cannot use that tactic to shield themselves from having those prior statements used against them.

So the correct rule is the one that codifies forfeiture by wrongdoing under 804(b)(6). It targets the unfairness of letting someone benefit from obstructing testimony and ensures the declarant’s prior statements can come in despite the hearsay rule when the wrongdoing caused the absence. The other rules cover different situations (such as other hearsay exceptions or authentication) and do not address this specific scenario of unavailability caused by the party’s own misconduct.