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LSDefine
Simple English definitions for legal terms
dying declaration
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A quick definition of dying declaration:
A dying declaration is a statement made by someone who is about to die and believes they will not be able to testify in court. The statement must be about what they think caused their death. Even though the person is not alive to testify, their statement can still be used in court as an exception to the usual rule that hearsay is not allowed. This exception only applies if the person making the statement had actual knowledge of what they were talking about. Dying declarations can be used in both civil and criminal cases.A more thorough explanation:
A dying declaration is a statement made by someone who is about to die and believes that their death is imminent. The statement must relate to the cause or circumstances of their impending death. This type of statement is considered an exception to the hearsay rule and is admissible in court.
For example, if a person is shot and is aware that they are dying, they may make a statement to someone nearby about who shot them. This statement would be considered a dying declaration and could be used as evidence in court.
Another example would be if a person is in a car accident and is severely injured. If they make a statement to a witness about what caused the accident, that statement could be considered a dying declaration and could be used in court.
In both of these examples, the statements made by the dying person are considered reliable because they have no reason to lie and are aware that they are about to die. This exception to the hearsay rule allows their statements to be used as evidence in court, even though the person who made the statement is no longer alive to testify.