The hearsay exception for dying declarations applies only if the declarant believed that his or her own death was imminent when he or she made the statement.

Cf. Loughan v. Firestone Tire & Rubber Co., 749 F.2d 1519, 1523-1524 (11th Cir. 1985) (action by an injured repairman for negligence and strict liability when a wheel assembly being repaired separated with explosive force; judgment in favor of the manufacturer; plaintiff argued that the district...The admissibility of habit does not depend on the presence or absence of eyewitnesses.

Cochenour v. Cameron Savings and Loan, F.A., 160 F.3d 1187, 1190 (8th Cir. 1998) (holding, in plaintiff employee's action against defendant employer for employment discrimination, that evidence of plaintiff's letter [which included a....Although settlement negotiations and offers are inadmissible (i) to show the validity or invalidity of a claim when validity is in dispute, (ii) to show the amount of damages when the amount is in dispute, or (iii) to impeach by showing a prior inconsistent statement or specific contradiction, such settlement offers and negotiations are admissible if they are used to impeach a witness by showing the bias or interest of the witness.

Fed. R. Evid. 1001(3) ("3. Original. An 'original' of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person....For purposes of the federal best evidence (or original document) rule, an "original" of a writing is the writing itself or any counterpart intended to have the same effect by a person executing or issuing it; the "original" of a recording is is the recording itself or any counterpart intended to have the same effect by a person executing or issuing it; the "original" of a photograph includes the negative or any print taken from the negative; and the "original" of data stored in a computer or similar device includes any printout or other output readable by sight shown to reflect the data accurately.