MBE Rules · Evidence
Statements of Personal or Family History
FRE 804(b)(4)
The rule
An unavailable declarant's statements about her own birth, marriage, ancestry, or family relationships are admissible, as are statements about another's if the declarant was related or intimately associated.
In plain English
Statements made by a person about their own birth, marriage, or family relationships can be used as evidence if that person is not available to testify. Additionally, if the declarant had a close relationship with another person, they can also provide statements about that person's family history.
Worked example
During a trial, a woman named Sarah is unable to testify about her marriage to John due to illness. However, her written statement describing their wedding and family background is presented as evidence. The court admits her statement because it pertains to her own marriage, making it admissible despite her unavailability.
Memory hook
Family ties speak volumes, even when the speaker can't!
The trap
Students may confuse statements about family history with hearsay rules, thinking they are always inadmissible. They might overlook the exceptions for personal or family history statements.
How examiners test it
Questions often present scenarios where a declarant is unavailable, requiring candidates to identify whether their statements about personal or family history can be admitted as evidence.
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