dying declaration


dying declaration
dying declaration see declaration 2c

Merriam-Webster’s Dictionary of Law. . 1996.

dying declaration
in the law of evidence, an exception to the hearsay rule in England whereby the oral or written statement of a dying person may be used in evidence at the trial of a person for his murder if he would have been a competent witness himself. To be effective, the maker must have been in hopeless expectation of his death. Its basis is that the person being so near death is unlikely to lie when he is so soon to come before a higher court. In more secular times, the fact that the statement cannot be contradicted should perhaps suggest the weight accorded to it might not be as great as once was the case.

Collins dictionary of law. . 2001.


dying declaration
A statement by someone who believes he or she is about to die, relating to the cause or circumstances of that condition. A dying declaration is an exception to the hearsay rule under the Federal Rules of Evidence. In a trial for murder, for example, a witness may be allowed to testify that the victim said, "Frank shot me" while bleeding to death in the street.
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


dying declaration
A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases.

Dictionary from West's Encyclopedia of American Law. 2005.


dying declaration
A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

dying declaration
n.
   the statement of a mortally injured person who is aware he/she is about to die, telling who caused the injury and possibly the circumstances ("Frankie shot me"). Although hearsay since the dead person cannot testify in person, it is admissible on the theory that a dying person has no reason not to tell the truth.

Law dictionary. . 2013.

Look at other dictionaries:

  • Dying declaration — Evidence Part of the …   Wikipedia

  • dying declaration — noun : a declaration made by a person in the immediate prospect of death and having no hope of recovery : an antemortem statement * * * dying declaration noun (law) Declaration made by a dying person who does not survive through the trial of the… …   Useful english dictionary

  • dying declaration — noun A statement that would normally be deemed inadmissible as evidence in a court of law as hearsay, but is deemed admissible because it was made by a person who believed himself to be dying, is about the circumstances of that persons death, and …   Wiktionary

  • dying declaration — See declaration …   Black's law dictionary

  • dying declaration — See declaration …   Black's law dictionary

  • dying declaration — A declaration by the victim of a homicide or of an abortion resulting in the death of the woman, made while in extremis. 1 Am J2d Abort § 23. More precisely, a statement made by the victim of a homicide while about to die, and without any hope of …   Ballentine's law dictionary

  • declaration — dec·la·ra·tion n 1: the act of declaring declaration of dividends declaration of war 2 a: the first pleading in a common law action compare complaint …   Law dictionary

  • Dying gasp — For the last words of a dying person, see Dying declaration. Dying Gasp is a message (or signal) sent by the customer premises equipment (CPE) DSL device to the digital subscriber line access multiplexer (DSLAM) when a power outage occurs. A DSL… …   Wikipedia

  • Declaration against interest — Evidence Part of th …   Wikipedia

  • declaration, dying — n. A statement made by someone who thinks he or she is about to die about the circumstances of his or her death; dying declarations are sometimes admissible as evidence. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks,… …   Law dictionary


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