Statement Under the Belief of Imminent Death is admissible in which contexts?

• A. In homicide prosecutions or in a civil case
• B. In any criminal case regardless of context
• C. Only in civil cases with the declarant present
• D. Only when the declarant is alive at trial

Answer: (A)

Dying declarations are a hearsay exception: a statement by someone who believes death is imminent, about the cause or circumstances of what they think will cause their death. Under the Midlands Rules, such statements are admissible in homicide prosecutions and in civil actions. The reasoning is that a person near death has little incentive to lie, and the statement concerns the very events giving rise to the case, making it trustworthy despite hearsay concerns. This does not apply to every criminal case, and it isn’t limited to situations where the declarant is alive at trial—the usual rule is that the declarant is unavailable (often because of death). So the contexts where this type of statement is admissible are homicide prosecutions and civil actions.