What is the test for admitting an out-of-court declaration of an unavailable witness?

California, United States of America


The following excerpt is from People v. Westerfield, 243 Cal.Rptr.3d 18, 433 P.3d 914, 6 Cal.5th 632 (Cal. 2019):

Evidence Code section 1230 provides that the out-of-court declaration of an unavailable witness may be admitted for its truth if the statement, when made, was so far against the declarants interests, penal or otherwise, that a reasonable person would not have made the statement unless he or she believed it to be true. " The proponent of such evidence must show "that the declarant is unavailable, that the declaration was against the declarants penal [or other] interest, and that the declaration was sufficiently reliable to warrant admission despite its hearsay character." " ( People v. Geier (2007) 41 Cal.4th 555, 584, 61 Cal.Rptr.3d 580, 161 P.3d 104.) "The focus of the declaration against interest exception to the hearsay rule is the basic trustworthiness of the declaration. [Citations.] In determining whether a statement is truly against interest within the meaning of Evidence Code section 1230, and hence is sufficiently trustworthy to be admissible, the court may take into account not just the words

[243 Cal.Rptr.3d 82]

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