Rule 804(b)(2) governs what kind of out-of-court statement?

• A. Dying Declaration
• B. Former Testimony
• C. Statement Against Interest
• D. Forfeiture by Wrongdoing

Answer: (A)

A dying declaration is the out-of-court statement allowed under Rule 804(b)(2). This rule creates a hearsay exception for statements by someone who is unavailable to testify, made in contemplation of imminent death, about the cause or circumstances of that death. The crucial point is the declarant’s belief that death is imminent and that the statement concerns what caused or happened to bring about that death. Because the declarant is unavailable, the statement can be admitted for its truth in both civil and criminal cases.

For example, if a person, knowing they are dying, says, “It was the stab wound that killed me,” that statement can be admitted under this rule. Other hearsay exceptions exist for different scenarios—such as statements based on prior testimony, statements against the declarant’s own interest, or statements made to prevent wrongdoing—but they involve different requirements and do not apply to a dying declaration.