Under Federal Rule 804, Former Testimony of a Witness Is

Multiple Choice

Under Federal Rule 804, former testimony of a witness is admissible if the declarant is unavailable. Decisions relating to the term unavailability have held that:

A) the Sixth Amendment confrontation clause has no bearing on the unavailability requirement.
B) one way to comply with the unavailability test is to introduce evidence that the witness is beyond the jurisdiction of the court.
C) a witness who refuses to testify because of the Fifth Amendment self?incrimination privilege is not "unavailable."
D) physical or mental illness does not make a witness unavailable.