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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(b) or a comparable State rule if the declarant is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; but a declarant is not "unavailable" if the declarant's absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying.

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Contributed in 2009 & last edited in 2009 by Peter Tillers
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