804(2): Dying Declaration

Rule 804. Exceptions to the Rule Against Hearsay—When the Declarant Is Unavailable as a Witness 
(a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant: 
(1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies; 
(2) refuses to testify about the subject matter despite a court order to do so; 
(3) testifies to not remembering the subject matter; 
(4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness; or 
(5) is absent from the trial or hearing and the statement’s proponent has not been able, by process or other reasonable means, to procure the declarant’s attendance or testimony. But this subdivision (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. 
(b) The Exceptions. The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness...

(2) Statement Under the Belief of Imminent Death. A statement that the declarant, while believing the declarant’s death to be imminent, made about its cause or circumstances.