MBE Rules · Evidence
Dying declaration
FRE 804(b)(2)
The rule
Declarant unavailable. In a HOMICIDE case OR a CIVIL case, a statement made by a declarant while believing death was imminent, about its cause or circumstances. Declarant need not actually die — only have believed death imminent.
In plain English
If someone thinks they're about to die, what they say about how they got hurt can be used in court, even if they're not around to testify.
Worked example
A driver, believing they're dying after a crash, tells a bystander that the other car ran a red light. This statement can be used in a lawsuit about the crash.
Memory hook
Dying Words = Truthful Terrors. Believe death's knocking, speak on cause.
The trap
Students think: declarant must die. Wrong, because belief of imminent death suffices. The actual test is the belief of impending death and relevance to cause/circumstances.
How examiners test it
MBE loves: declarant makes statement after serious injury, but survives. Trap: students think no dying declaration, but belief of death suffices even if they live.
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