But this subsection (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.
Ariz. R. Evi. 804
COMMENT TO 2012 AMENDMENT
Rule 804(b)(3) has been amended to conform to Federal Rule of Evidence 804(b)(3), as amended effective December 1, 2010.
To conform to Federal Rules of Evidence 804(b)(5) and 807, Rule 804(b)(7) has been deleted and transferred to Rule 807.
Rule 804(b)(1) has been amended to incorporate the language of Arizona Rule of Criminal Procedure 19.3(c), but has not been amended to conform to the federal rules.
Otherwise, the language of Rule 804 has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent in the restyling to change any result in any ruling on evidence admissibility.
COMMENT TO 1994 AMENDMENT
For provisions governing former testimony in non-criminal actions or proceedings, see Rule 803(25).
HISTORICAL NOTE
Source:
Federal Rules of Evidence, Rule 804.