Which statement about dying declarations is accurate under hearsay rules?

• A. They are never admissible in court.
• B. They must be sworn in order to be admissible.
• C. They may be admissible as evidence in court under certain conditions.
• D. They can only be used if the declarant survives the event.

Answer: (C)

Dying declarations are an exception to the hearsay rule. They can be admitted as evidence when a declarant, believing death to be imminent, makes a statement about the cause or circumstances of their impending death, and the declarant is unavailable to testify. This rule recognizes the perceived reliability of statements made under the stress of impending death and is typically applied in homicide prosecutions and certain civil cases. Importantly, the statement does not have to be sworn; it can be admitted without oath if the other conditions are met, and the declarant’s death after making the remark does not bar its use as long as the belief of imminent death was present at the time of the statement. The key is that the statement relates to how the death occurred and was made while death was believed to be imminent, not that the declarant necessarily survived the event. Thus, the correct understanding is that dying declarations may be admissible under specific conditions.