Exam 312-49 topic 1 question 462 discussion

The correct is B. Module 1 page 37

The four traditional exceptions requiring proof of unavailability are: a) 804 (b) (1) -- Former testimony. b) 804 (b) (2) -- Statements made under belief of impending death, known everywhere by its common law name: Dying Declarations. c) 804 (b) (3) -- Statements against interest d) 804 (b) (4) -- Statements of personal or family history With these few points, the correct answer should be B Reference: https://law.indiana.edu/instruction/tanford/b723/18unavail/T18.pdf

The key word here is "NOT".

https://www.law.cornell.edu/rules/fre/rule_804#:~:text=Rule%20804%20defines%20what%20hearsay,is%20unavailable%20as%20a%20witness.&text=The%20House%20bill%20provides%20in,process%20or%20other%20reasonable%20means.