The hearsay exceptions created by Federal Rule of Evidence 804 or a comparable State rule apply only if the declarant (the maker of the statement) is unavailable to testify at the trial or proceedings at which the declarant's statement is offered.

Hall v. Commissioner, 729 F.2d 632, 634-635 (9th Cir. 1984) (holding that the tax court properly excluded the undated annual contribution statement as a business record because no foundation was laid by a qualified....The exception created by Federal Rule of Evidence 803(11) for religious records applies only if the record was created near the time of the recorded act.

United States v. Rivera, 412 F.3d 562, 567-568 (4th Cir. 2005) (upholding trial court's admission of statements which imputed to defendant the acts of others because under Rule 804(b)(6), defendant "need only have....A statement of an unavailable declarant is not barred by the hearsay rule if the opposing party deliberately acted to prevent the declarant from testifying.

Hirst v. Gertzen, 676 F.2d 1252, 1263 (9th Cir. 1982) (holding, in civil rights action against county, city, and government officials for prisoner's death in jail, that evidence of deputy's prior acts of violence which was introduced to establish the identity of the murderer, was inadmissible because even...The negligent or incompetent character of an agent or employee is an essential element of a negligent entrustment claim. If the negligent character or incompetence of the agent or employee is at issue, evidence about the negligence or incompetence of the agent or employee is not barred by the rule prohibiting the use of a person's character to show the person's conduct.