A hearsay declarant is considered unavailable as a witness at trial if:

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All three options qualify as situations in which a hearsay declarant would be considered unavailable as a witness at trial. If the statements are privileged, the declarant cannot testify. If the declarant no longer recalls the statement, they cannot provide reliable testimony. If the declarant is severely mentally ill, they may not be able to attend court or provide reliable testimony.

A Hearsay Declarant Is Considered Unavailable as a Witness at Trial