DYING DECLARATION
A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases.
A dying declaration is considered credible
and trustworthy evidence based upon the gen-
eral belief that most people who know that they
are about to die do not lie. As a result, it is an
exception to the HEARSAY rule, which prohibits
the use of a statement made by someone other
than the person who repeats it while testifying
during a trial, because of its inherent untrust-
worthiness. If the person who made the dying
declaration had the slightest hope of recovery,
no matter how unreasonable, the statement is
not admissible into evidence. A person who
makes a dying declaration must, however, be
competent at the time he or she makes a state-
ment, otherwise, it is inadmissible.
A dying declaration is usually introduced by
the prosecution, but can be used on behalf of the
accused.
As a general rule, courts refuse to admit dying
declarations in civil cases, even those for WRONG-
FUL DEATH, or in criminal actions for crimes
other than the HOMICIDE of the decedent.
State and FEDERAL RULES OF EVIDENCE gov-
ern the use of dying declarations in their respec-
