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ARTICLE VIII. HEARSAY

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Rule 801
Rule 803
Rule 804
Rule 804(1)
Rule 804(2)
Rule 804(3)
Rule 804(5)
Rule 805
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 804. Hearsay Exceptions; Declarant Unavailable

       [Subsection (a) moved to Revised Rule 801(d)]
       [(a) Definition of unavailability.]

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

       (1) Former testimony. [Changes highlighted] 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] was previously offered, had an opportunity and similar motive to develop the testimony [by direct, cross, or redirect examination].


       (1) Former testimony. [Clean copy] 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 was previously offered, had an opportunity and similar motive to develop the testimony.

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