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 testifies to a lack of memory of the subject matter of the declarant's statement; but a declarant is not "unavailable" if such claim of lack of memory is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying.

Contributed in 2009 & last edited in 2009 by Peter Tillers
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