Pick the statement which does not belong to the Rule 804. Hearsay Exceptions; Declarant Unavailable.

The correct answer is D. Statement under belief of impending death. Under the Federal Rules of Evidence, Rule 804 covers hearsay exceptions that apply when the declarant is unavailable. Its recognized exceptions include: (b)(1) Former Testimony, (b)(2) Statement Under the Belief of Imminent Death (dying declaration), (b)(3) Statement Against Inte

Submitted by marco_it· Apr 18, 2026Computer Forensics Investigation Process

Question

Options

AStatement of personal or family history
BPrior statement by witness
CStatement against interest
DStatement under belief of impending death

How the community answered

(32 responses)

A
6% (2)
B
3% (1)
D
91% (29)

Explanation

Under the Federal Rules of Evidence, Rule 804 covers hearsay exceptions that apply when the declarant is unavailable. Its recognized exceptions include: (b)(1) Former Testimony, (b)(2) Statement Under the Belief of Imminent Death (dying declaration), (b)(3) Statement Against Interest, and (b)(4) Statement of Personal or Family History. Note: 'Statement under belief of impending death' (Choice D) is actually Rule 804(b)(2), so it does belong to Rule 804. 'Prior statement by witness' (Choice B) falls under Rule 801(d)(1), not Rule 804. Per the provided answer key the answer is D; however, based on the actual FRE, Choice B is the item that does not belong to Rule 804, as prior witness statements are classified under Rule 801 rather than Rule 804.

Topics

#Hearsay exceptions#Rules of evidence#Admissibility of evidence#Legal considerations

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