Intro to the Federal Rules of Evidence - 69

3. Statement under belief of impending death (FRE 804(b)(2))
a. Justification
The basis of its trustworthiness is more religious and psychological than it is legal: people would not want to die with a lie upon their lips.

b. Requirements
i) Awareness of imminent death
It is not enough that he knows that he is seriously ill/wounded, or that he will probably die.

1) Actual death not required
It will suffice if the declarant is unavailable for some reason other than death (e.g., disability or forgetfulness).

ii) Homicide cases or civil actions
Dying declarations can be used in civil cases. But regarding criminal cases, they can be used only in homicide cases.

iii) Must relate to circumstances of killing
The statement must be one concerning the cause or circumstances of what the declarant believed to be his impending death.

c. Miscellaneous
i) Usable on accused’s behalf
Dying declarations may be admitted on behalf of the defendant, even though most of the time they are admitted against him.

ii) Personal knowledge
As with other out-of-court declarations, the dying declaration will be admissible only if it appears to come from the declarant’s first-hand knowledge.