Nebraska LB789 amends the Nebraska Evidence Rules to allow statements against a party who wrongfully caused a declarant's unavailability as evidence.
Nebraska LB789 amends the Nebraska Evidence Rules to provide an exclusion from the hearsay rule for statements offered against a party that wrongfully caused the declarant's unavailability. This means such statements can be admitted in court if the party intended the declarant's unavailability. The proponent must inform the opposing party of their intention to offer the statement and its particulars in advance of the trial. This change aims to harmonize provisions and ensure the interests of justice are served.
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