Rule 804. Exceptions to the Rule Against Hearsay--When the Declarant Is Unavailable as a Witnes...
Arizona Revised Statutes AnnotatedRules of Evidence for Courts in the State of Arizona
Arizona Rules of Evidence, Rule 804
Rule 804. Exceptions to the Rule Against Hearsay--When the Declarant Is Unavailable as a Witness
But this subsection (a) does not apply if the statement's proponent procured or wrongfully caused the declarant's unavailability as a witness in order to prevent the declarant from attending or testifying.
(i) The party against whom the former testimony is offered was a party to the action or proceeding during which a statement was given and had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which the party now has (no person who was unrepresented by counsel at the proceeding during which a statement was made shall be deemed to have had the right and opportunity to cross-examine the declarant, unless such representation was waived) and
(A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability; and
Amended Oct. 19, 1988, effective Nov. 1, 1988; Oct. 3, 1994, effective Dec. 1, 1994; Sept. 3, 2009, effective Jan. 1, 2010; Sept. 8, 2011, effective Jan. 1, 2012.
COMMENT TO 2012 AMENDMENT
Rule 804(b)(3) has been amended to conform to Federal Rule of Evidence 804(b)(3), as amended effective December 1, 2010.
To conform to Federal Rules of Evidence 804(b)(5) and 807, Rule 804(b)(7) has been deleted and transferred to Rule 807.
Rule 804(b)(1) has been amended to incorporate the language of Arizona Rule of Criminal Procedure 19.3(c), but has not been amended to conform to the federal rules.
Otherwise, the language of Rule 804 has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent in the restyling to change any result in any ruling on evidence admissibility.
COMMENT TO 1994 AMENDMENT
For provisions governing former testimony in non-criminal actions or proceedings, see Rule 803(25).
Federal Rules of Evidence, Rule 804.
17A Pt. 1 A. R. S. Rules of Evid., Rule 804, AZ ST REV Rule 804
Current with amendments received through 11/1/19
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