MBE Rules · Evidence
Forfeiture by wrongdoing
FRE 804(b)(6)
The rule
Declarant unavailable. Any statement offered against a party who engaged in or acquiesced in wrongdoing that was intended to and did procure the declarant's unavailability. Defeats hearsay AND Confrontation Clause objections.
In plain English
If someone makes a witness unavailable on purpose, their previous statements can be used against that person in court.
Worked example
The defendant threatened a witness to keep them from testifying. The court allows the witness's earlier statements to be used against the defendant.
Memory hook
Wrongdoer silences, hearsay rises. If you make a witness vanish, their words can haunt you in court.
The trap
Students think: Any wrongdoing suffices. Wrong, because the wrongdoing must intend to silence the witness. The actual test is intent to make the declarant unavailable.
How examiners test it
The MBE loves: defendant threatened witness, witness disappears. Trap: students miss intent to silence requirement. Focus on whether the act was aimed at preventing testimony.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.