California, United States of America
The following excerpt is from Kincaid v. Kincaid, 127 Cal.Rptr.3d 863, 197 Cal.App.4th 75 (Cal. App. 2011):
Section 1242 provides: "Evidence of a statement made by a dying person respecting the cause and circumstances of [her] death is not made inadmissible by the hearsay rule if the statement was made upon [her] personal knowledge and under a sense of immediately impending death." Underlying the exception is the notion that statements made by a person on the verge of death have a substantial guarantee of trustworthiness. (See People v. Dallen (1913) 21 Cal.App. 770, 781, 132 P. 1064 ["The very solemnity of the circumstances under which a declaration in extremis is made is very justly considered by the law as creating an obligation equal to that which is imposed by a positive oath in a court of justice."].) Though it is not necessary that death take place immediately or even soon after the statement is made (see
[127 Cal.Rptr.3d 874]
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