For purposes of the hearsay exceptions created by Federal Rule of Evidence 804 or a comparable State rule a declarant is "unavailable" within the meaning of Rule 804(a) or a comparable State rule if the declarant is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement.

Huff v. White Motor Corp, 609 F.2d 286, 294 (7th Cir. 1979) (holding, in plaintiff wife's wrongful death action against defendant tractor-truck manufacturer, that the trial court erroneously excluded the decedent's....The catchall or omnibus hearsay exception created by Federal Rule of Evidence 807 or a comparable State rule is available only if the proponent of a statement under this exception makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet the statement, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.

Dobbins v. Crain Brothers, Inc., 432 F. Supp. 1060, 1069 (W.D. Pa. 1976) (holding, in plaintiff seaman's action against defendant shipowner for personal injury, that the evidence of defendant's liability insurance was admissible....Although Federal Rule of Evidence 411 bars the use of liability insurance or its absence on the issue of negligence or wrongful conduct, Rule 411 does not bar the use evidence about liability insurance to show a party's ownership or control of an instrumentality that is the basis of the action against the party.

Caruolo v. John Crane, Inc., 226 F.3d 46, 55 (2d Cir. 2000) (holding, in plaintiff asbestos victims' action against defendant sealing device manufacturer and distributor for product liability, that the trial court....If a treatise, periodical, or similar literature is shown to be reliable and authoritative on a topic, under some circumstances a statement in such literature about the topic falls within an exception to the prohibition against the admission of hearsay evidence.