Rule 804

Lira v. Ins. Co. of State of PA [01/05/11] 2011 MTWCC 1 The previous statements of a witness who is unavailable to testify within the meaning of M.R.Evid. 804(a) are not admissible as statements against interest under M.R.Evid. 804(b)(3) where the statements made were that the witness shot the injured worker in self-defense.  A statement in which the witness offered justification for his action is exculpatory and does not constitute a statement against interest.

Lira v. Ins. Co. of State of PA [01/05/11] 2011 MTWCC 1 A witness who has invoked his Fifth Amendment right against self-incrimination and refuses to testify is unavailable within the meaning of M.R.Evid. 804(a).