(B) the declarant’s attendance or testimony, in the case of a hearsay exception under Rule 804(b)(2), (3), or (4).īut this 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. (A) the declarant’s attendance, in the case of a hearsay exception under Rule 804(b)(1) or (6) or (5) is absent from the trial or hearing and the statement’s proponent has not been able, by process or other reasonable means, to procure: (4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness or (3) testifies to not remembering the subject matter (2) refuses to testify about the subject matter despite a court order to do so

(1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies A declarant is considered to be unavailable as a witness if the declarant:

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