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.
17A Pt. 1 A. R. S. Rules of Evid., Rule 804, AZ ST REV Rule 804
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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