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