The following excerpt is from U.S. v. Nick, 604 F.2d 1199 (9th Cir. 1979):
2 In a jury case, the district court, outside the presence of the jury, should test the proffered declaration against these criteria. And, only after it is satisfied that these high standards have been met, should the court permit the introduction of the hearsay statement. (E. g., People v. Kelley, 32 Mich.App. 126, 188 N.W.2d 654, 663-64 (1971).)
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