Summary of changes
Rule 804 — Exceptions to the rule against hearsay - when the declarant is unavailable as a witness
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
1 amended
0 added
0 removed
21 unchanged
1 authority-backed edit · recorded
2026-07-01 – 2026-07-01
Authorities behind these changes
- 2024 Amendments to Federal Rules of Evidence · FRE amendment, eff. 2026-06-01 · 1 change
Showing every provision.
Provisions
804(a)
unchanged
Original text
Criteria for Being Unavailable.
A declarant is considered to be unavailable as a witness if the declarant:
Subdivision (a) does not apply if the statement's proponent procured or wrongfully caused the declarant's unavailability as a witness in order to prevent the declarant from attending or testifying.
Current text
Criteria for Being Unavailable.
A declarant is considered to be unavailable as a witness if the declarant:
Subdivision (a) does not apply if the statement's proponent procured or wrongfully caused the declarant's unavailability as a witness in order to prevent the declarant from attending or testifying.
804(a)(1)
unchanged
Original text
is exempted from testifying about the subject matter of the declarant's statement because the military judge rules that a privilege applies;
Current text
is exempted from testifying about the subject matter of the declarant's statement because the military judge rules that a privilege applies;
804(a)(2)
unchanged
Original text
refuses to testify about the subject matter despite the military judge's order to do so;
Current text
refuses to testify about the subject matter despite the military judge's order to do so;
804(a)(3)
unchanged
Original text
testifies to not remembering the subject matter;
Current text
testifies to not remembering the subject matter;
804(a)(4)
unchanged
Original text
cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness; or
Current text
cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness; or
804(a)(5)
unchanged
Original text
is absent from the trial or hearing and the statement's proponent has not been able, by process or other reasonable means, to procure:
Current text
is absent from the trial or hearing and the statement's proponent has not been able, by process or other reasonable means, to procure:
804(a)(5)(A)
unchanged
Original text
the declarant's attendance, in the case of a hearsay exception under subdivision (b)(1) or (b)(5);
Current text
the declarant's attendance, in the case of a hearsay exception under subdivision (b)(1) or (b)(5);
804(a)(5)(B)
unchanged
Original text
the declarant's attendance or testimony, in the case of a hearsay exception under subdivision (b)(2), (b)(3), or (b)(4); or
Current text
the declarant's attendance or testimony, in the case of a hearsay exception under subdivision (b)(2), (b)(3), or (b)(4); or
804(a)(6)
unchanged
Original text
has previously been deposed about the subject matter and is absent due to military necessity, age, imprisonment, non-amenability to process, or other reasonable cause.
Current text
has previously been deposed about the subject matter and is absent due to military necessity, age, imprisonment, non-amenability to process, or other reasonable cause.
804(b)
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Original text
The Exceptions.
The following are exceptions to the rule against hearsay, and are not excluded by that rule if the declarant is unavailable as a witness:
Current text
The Exceptions.
The following are exceptions to the rule against hearsay, and are not excluded by that rule if the declarant is unavailable as a witness:
804(b)(1)
unchanged
Original text
Former Testimony.
Testimony that:
Subject to the limitations in Articles 49 and 50, a record of testimony given before a court-martial, court of inquiry, military commission, other military tribunal, or preliminary hearing under Article 32 is admissible under subdivision (b)(1) if the record of the testimony is a verbatim record.
Current text
Former Testimony.
Testimony that:
Subject to the limitations in Articles 49 and 50, a record of testimony given before a court-martial, court of inquiry, military commission, other military tribunal, or preliminary hearing under Article 32 is admissible under subdivision (b)(1) if the record of the testimony is a verbatim record.
804(b)(1)(A)
unchanged
Original text
was given by a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and
Current text
was given by a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and
804(b)(1)(B)
unchanged
Original text
is now offered against a party who had an opportunity and similar motive to develop it by direct, cross-, or redirect examination.
Current text
is now offered against a party who had an opportunity and similar motive to develop it by direct, cross-, or redirect examination.
804(b)(2)
unchanged
Original text
Statement under the Belief of Imminent Death.
In a prosecution for any offense resulting in the death of the alleged victim, a statement that the declarant, while believing the declarant's death to be imminent, made about its cause or circumstances.
Current text
Statement under the Belief of Imminent Death.
In a prosecution for any offense resulting in the death of the alleged victim, a statement that the declarant, while believing the declarant's death to be imminent, made about its cause or circumstances.
804(b)(3)
unchanged
Original text
Statement against Interest.
A statement that:
Current text
Statement against Interest.
A statement that:
804(b)(3)(A)
unchanged
Original text
a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability; and
Current text
a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability; and
804(b)(3)(B)
amended
Version history
Original text
is supported by corroborating circumstances that clearly indicate its trustworthiness, if it tends to expose the declarant to criminal liability and is offered to exculpate the accused.
Current text
if offered in a criminal case as one that tends to expose the declarant to criminal liability, is supported by corroborating circumstances that clearly indicate its trustworthiness after considering the totality of circumstances under which it was made and any evidence that supports or undermines it.
All changes since the original (removed / added)
if offered in a criminal case as one that tends to expose the declarant to criminal liability, is supported by corroborating circumstances that clearly indicate its trustworthiness,trustworthiness ifafter itconsidering tendsthe tototality exposeof thecircumstances declarantunder towhich criminalit liabilitywas made and isany offeredevidence tothat exculpatesupports theor accused.undermines it.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-01 | 2024 Amendments to Federal Rules of Evidence (FRE amendment, eff. 2026-06-01) | admin | |
if offered in a criminal case as one that tends to expose the declarant to criminal liability, is supported by corroborating circumstances that clearly indicate its |
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804(b)(4)
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Original text
Statement of Personal or Family History.
A statement about:
Current text
Statement of Personal or Family History.
A statement about:
804(b)(4)(A)
unchanged
Original text
the declarant's own birth, adoption, legitimacy, ancestry, marriage, divorce, relationship by blood or marriage, or similar facts of personal or family history, even though the declarant had no way of acquiring personal knowledge about that fact; or
Current text
the declarant's own birth, adoption, legitimacy, ancestry, marriage, divorce, relationship by blood or marriage, or similar facts of personal or family history, even though the declarant had no way of acquiring personal knowledge about that fact; or
804(b)(4)(B)
unchanged
Original text
another person concerning any of these facts, as well as death, if the declarant was related to the person by blood, adoption, or marriage or was so intimately associated with the person's family that the declarant's information is likely to be accurate
Current text
another person concerning any of these facts, as well as death, if the declarant was related to the person by blood, adoption, or marriage or was so intimately associated with the person's family that the declarant's information is likely to be accurate
804(b)(5)
unchanged
Original text
Other Exceptions.
[Transferred to Mil. R. Evid. 807]
Current text
Other Exceptions.
[Transferred to Mil. R. Evid. 807]
804(b)(6)
unchanged
Original text
Statement Offered against a Party that Wrongfully Caused the Declarant's Unavailability.
A statement offered against a party that wrongfully caused or acquiesced in wrongfully causing the declarant's unavailability as a witness, and did so intending that result.
Current text
Statement Offered against a Party that Wrongfully Caused the Declarant's Unavailability.
A statement offered against a party that wrongfully caused or acquiesced in wrongfully causing the declarant's unavailability as a witness, and did so intending that result.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.