Fed.R.Evidence 804 exceptions to the rule against hearsay-when the declarant is unavailable as a witness.

1.Negligence action arising from an automobile collision. Plaintiff claims Defendant’s

car crossed the center line and struck Plaintiff’s car. To prove that it was Plaintiff’s

car that crossed the center line, Defendant calls Zed, a passenger in Plaintiff’s car,

and asks Zed if it isn’t true that, after the accident, Zed admitted to a police officer

that she grabbed Plaintiff’s steering wheel as a joke and that the car veered left,

crossing the center line. Plaintiff objects on hearsay grounds. How should the court

rule?

2.Same case. Suppose Zed refuses to answer the question even though the court orders

her to do so. Defendant now calls the police officer to whom Zed made the

statement, and asks that person to relate what Zed said. Plaintiff objects on hearsay

grounds. How should the court rule?