Rule 804(a) requires what condition to apply the 804(b) exceptions?

• A. Unavailability
• B. Hearsay Within Hearsay
• C. Authentication
• D. Originals and Duplicates

Answer: (A)

The key idea is that the 804(b) exceptions only kick in when the declarant is unavailable as a witness. Rule 804(a) defines unavailability in several ways: the declarant is exempted from testifying by a privilege, refuses to testify despite a court order, lacks memory of the matter, cannot attend to testify due to death, illness, or other cause, or is absent and the proponent has made reasonable efforts to procure attendance. Only once one of these conditions is met do the 804(b) hearsay exceptions become available. If the declarant is available to testify, those exceptions don’t apply. So the condition required to apply the 804(b) exceptions is unavailability.