dying declaration

A dying declaration is defined as a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant's death), who made the statement under a belief of certain or impending death. The statement must also relate to what the declarant believed to be the cause or circumstances of the declarant's impending death.

• Additionally, a dying declaration is a type of hearsay which is an out-of-court statement.
  • However, unlike typical hearsay, a dying declaration is admissible in court.
  • As such, a dying declaration is as an exception to the hearsay rule.
  • The exception is listed in Section 804(b)(2) of the Federal Rules of Evidence.

  [Last updated in October of 2022 by the Wex Definitions Team]

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