The proposal would let courts use an unavailable witness’s statement against a party who deliberately caused that unavailability through wrongdoing or went along with others doing so.
Courts could use an unavailable witness’s statement against a party who deliberately and wrongfully caused that unavailability or went along with others causing it. Other evidence limits would still apply.
Courts would be allowed to use a statement against a party who wrongfully made its speaker unavailable or went along with someone else doing so. The rule covers statements offered against a person or organization that is a party in a court case. The speaker must be unavailable under the court’s witness rules. The party must have intended to make the speaker unavailable as a witness. The statement would remain subject to the evidence limits in section 27-403, which is not included here.
No hearings or votes scheduled.