A statement made by a declarant, who is unavailable to testify in court (typically because of the declarant's death), who made the statement under a belief of certain or impending death, is admissible despite the hearsay rule.
A dying declaration is a statement made by an individual who believes they are facing imminent death, and thus unavailable to testify in court, typically because they have died. Despite the hearsay rule, such statements are admissible in court under specific circumstances. The following examples and case studies illustrate how dying declarations are recognized and applied in various legal contexts:
These cases further illustrate the nuances and use of dying declarations in legal proceedings:
For more detailed information, see our related Evidence terms: