Which type of evidence is covered by Rule 804(b)(1) of the Rules of Evidence?

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

Answer: (C)

Rule 804(b)(1) covers former testimony. It allows a statement given by a witness at a prior proceeding or deposition to be admitted in a current case if the declarant is unavailable and the party against whom the testimony is offered had an opportunity and a similar motive to cross-examine the witness in that earlier proceeding. The key idea is fairness: the opposing party already had a chance to question the witness, so the prior testimony can be trusted and used despite the witness not being available now.

The other options relate to different hearsay rules — dying declarations arise when the declarant believed death was imminent, statements against interest are about statements that are against the declarant’s own interest, and forfeiture by wrongdoing deals with statements against a party who caused the unavailability of the declarant.