Under Federal Rule 804, former testimony of a witness is admissible if the declarant is unavailable. Decisions relating to the term unavailability have held that:

Question

Quizplus · Accepted Answer

Choice A is incorrect because the Sixth Amendment confrontation clause allows a defendant to confront witnesses against them and may impact the admissibility of former testimony. Choice C is incorrect because a witness who invokes their Fifth Amendment privilege against self-incrimination is considered unavailable. Choice D is incorrect because physical or mental illness may make a witness unavailable. Choice B is correct because one way to establish unavailability is to show that the witness is beyond the jurisdiction of the court, such as if they are located in another country or if they cannot be located.

Under Federal Rule 804, Former Testimony of a Witness Is