Dying Declaration in United States

Practical Information

Note: Some of this information was last updated in 1982

A statement by a dying person, who has been injured by another and is aware of his or her impending death, about the person who inflicted the fatal injuries. This statement is admissible at the trial for homicide (in U.S. law) where the killing of the declarant is the crime charged to the defendant. This is an exception to the rule that would ordinarily exclude such a statement as hearsay (in U.S. law). The reasons for this exception are the declarant’s death and the probability of the trustworthiness of a declaration made by someone who feels death is imminent.

(Revised by Ann De Vries)

What is Dying Declaration?

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