Most jurisdictions and the federal government require a showing that the declarant is unavailable to trigger at least some hearsay exceptions.

Question

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This statement is true. Many hearsay exceptions, such as the exception for dying declarations or prior consistent statements, require a showing that the declarant is unavailable to testify in order for the exception to apply. However, there are some exceptions, such as the excited utterance exception, that do not have an availability requirement.

Most Jurisdictions and the Federal Government Require a Showing That