Under the Federal Rules of Evidence, which of the following accurately describes the hearsay exception for statements of personal or family history?
The statement is admissible under Rule 803 because the declarant's availability is immaterial.
The statement is admissible only if it appears in a family Bible, inscription, or other written record.
The statement is admissible only if the declarant personally witnessed the family event described.
The statement is admissible only if the declarant is unavailable and the statement concerns family history, even though the declarant lacked personal knowledge of the facts.
Federal Rule of Evidence 804(b)(4) allows a statement concerning the declarant's own (or certain relatives') birth, marriage, divorce, ancestry, or similar family-history facts to be admitted when the declarant is unavailable, even if the declarant had no way of acquiring personal knowledge of the matter (e.g., the information came only through family tradition). The rule does not require the statement to be written or recorded, and it is located in Rule 804, not Rule 803.
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What is Federal Rule of Evidence 804(b)(4) about family history?
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How can family traditions validate a declarant's statements in court?