Can a witness be excluded from giving evidence at a hearing if he has not had an opportunity to develop the testimony?

This exclusion was an abuse of discretion. Although Rule 804(b)(1) requires that the party against whom the testimony is offered had an opportunity to develop the testimony, it does not protect a party who, as here, makes a tactical decision not to exercise the opportunity to develop testimony. Any person developing testimony in a hearing faces the risk that the witness will invoke his fifth amendment privilege. The government has the further advantage of being able to offer limited immunity from prosecution to witnesses in order to obtain testimony. See United States v. Klauber, 611 F.2d 512, 516 (4th Cir.1979), cert. denied, 446 U.S. 908 (1980).