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Exception - Interests of Justice
B. Objection sustained. The statement is inadmissible hearsay.

Correct. The statement is inadmissible hearsay. It is true that there is an exception to the hearsay rule that allows the judge to admit hearsay evidence under circumstances that would ensure the trustworthiness of the statement and the interests of justice. But the requirements for allowing this exception are missing from the facts of this example. In particular, since this statement almost but does not quite fit the dying declaration exception to the hearsay rule, it would not be admissible under the "interests of justice" exception to the rule.

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Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
1 University of New Mexico
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