| In evidence, the hearsay rule prohibits statements from being admitted at trial to prove the truth of events asserted when the declaring party is not available for testimony; however, there are exceptions to this rule, including the dying declaration exception. The dying declaration exception allows statements made by a deceased person to be admitted into evidence if the statement is made with the belief that death is imminent (the imminence requirement) and if it concerns the cause or circumstances that led to the person's death (the content requirement).;Initially, this exception was only used in murder cases; however, in many jurisdictions the exception has extended to civil cases. Recently, some courts have used this exception when deciding whether statements made in a suicide note should be admitted into evidence. This thesis examines what role suicide notes should have within this exception, and if suicide, despite its contemplative nature, can meet the imminence requirement and the content requirement of dying declarations. Based on my research, I have concluded that under certain circumstances, a suicide note can meet both requirements, and therefore, fit within the dying declaration exception. |
