Legal Definitions - ante mortem statement

An ante mortem statement is a declaration made by an individual *before* their death. In legal contexts, this term is most commonly associated with a specific type of evidence known as a dying declaration.

A dying declaration is a statement made by a person who believes they are about to die, and the statement concerns the cause or circumstances of their impending death. Because the person is facing death, the law often presumes they would be unlikely to lie, making such statements potentially admissible as evidence in court, particularly in homicide cases, even though the person cannot be cross-examined.

Here are some examples illustrating an ante mortem statement as a dying declaration:

• Example 1: Violent Crime
  A person who has been stabbed multiple times and is bleeding profusely, clearly in severe pain and believing they are about to die, whispers to the first paramedic on the scene, "It was my neighbor, Mark, who attacked me in the alley!" Moments later, the person loses consciousness and dies. This statement, made under the belief of imminent death and identifying the assailant, could be considered an ante mortem statement (dying declaration) and potentially used as evidence in a murder trial against Mark.

• Example 2: Fatal Accident
  A driver is critically injured and trapped inside their vehicle after a severe collision. With emergency responders struggling to free them and the driver explicitly stating, "I'm not going to make it," they manage to tell a police officer, "The blue truck ran the red light and hit me!" before succumbing to their injuries. This statement, made by someone believing death is imminent and describing the cause of the accident, would be an ante mortem statement relevant to investigating the collision.

• Example 3: Suspected Poisoning
  A patient in a hospital is rapidly deteriorating from a mysterious illness, and doctors inform them that their chances of survival are extremely low. The patient, fully aware of their critical condition, tells their attending nurse, "My business partner offered me a strange-tasting drink just before I started feeling sick yesterday." Shortly after, the patient passes away. This statement, made by the patient believing death was at hand and implicating a potential cause, could serve as an ante mortem statement in a subsequent investigation into the death.