Explain witness unavailability and find a case that is an example of the four main situations

Question

What will be an ideal response?

Answer 1

The Court has ruled that some statements are admissible as exceptions to the hearsay rule because the witness is unavailable. Although these are a direct exception to the confrontation clause, it was determined that in certain situations statements may be introduced if said statements possess an indicia of reliability. Four such means of witness unavailability include: former testimony, dying declarations, declarations against interest, and statements of personal or family history. Under FRE 804(a), a declarant is considered unavailable when he or she: 1 . is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; or 2 . persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; or 3 . testifies to a lack of memory of the subject matter of the declarant's statement; or 4 . is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or 5 . is absent from the hearing and the proponent of a statement has been unable to procure the declarant's attendance (or in the case of a hearsay exception under subdivision (b)(2), (3), or (4), the declarant's attendance or testimony) by process or other reasonable means.
Example of a case will vary.