Section 23.80 Declaration of Family History—Pedigree

• Library: Criminal Practice 2012 Supp

J. (§23.80) Declaration of Family History—Pedigree

Hearsay statements in regard to family history are usually admissible as an exception to the hearsay rule. For admissibility of a declarant’s statement by a witness:

the declarant must have been related by blood or marriage to the person of whom the declarant spoke;

the declarant must be unavailable; and

the statement must have been made ante litem motem (before the controversy) or made with no apparent motive for the declarant to falsify the facts.

Brown v. Conway, 598 S.W.2d 549, 551 (Mo. App. W.D. 1980); Gordon v. Metro. Life Ins. Co., 176 S.W.2d 506 (Mo. App. W.D...