Forfeiture by wrongdoing

Under the Federal Rules of Evidence, a statement made by a declarant that normally qualifies as [wex:hearsay] and would therefore not be admissible can be admitted under the forfeiture by wrongdoing exception to the hearsay rule. Forfeiture by wrongdoing occurs when a party intentionally or wrongfully makes the declarant unavailable to testify. The party who wants hearsay evidence admitted under this exception must prove the opposing party’s wrongdoing by a preponderance of the evidence.

Forfeiture by wrongdoing is also an exception to the Sixth Amendment right of criminal defendants to [wex:right to confront witness|confront the witnesses] against them.  


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