If a testimonial out-of-court statement is offered and the declarant is unavailable, when may it still be admitted without cross-examination?

• A. Never
• B. Only if the declarant testifies in court later
• C. If the statement falls under a traditional hearsay exception or rule 804
• D. If the judge decides it's acceptable

Answer: (C)

When a declarant is unavailable, a testimonial out-of-court statement can be admitted without cross-examination if it fits a traditional hearsay exception or Rule 804. These exceptions are built to allow use of certain statements despite the absence of the declarant because they are considered sufficiently trustworthy. Examples include dying declarations, former testimony, and statements against interest, as well as other recognized hearsay exceptions under Rule 803 or 804. The idea is that once a statement falls into one of these established pathways, the confrontation-rights concerns are addressed by the rule itself, so cross-examination isn’t required. If none of these exceptions apply, cross-examination or exclusion typically follows.