Evidence: Hearsay: Exceptions: Forfeiture by Wrongdoing (U)

    • Forfeiture by wrongdoing – a party who intentionally and wrongfully makes a declarant unavailable cannot raise a hearsay objection to admission of the declarant’s out-of-court statements.
      • Includes engaging in or acquiescing in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a trial witness.
      • Burden of Proof regarding party’s wrongdoing:
        • Federal Rule: Preponderance of the evidence