Under the Federal Rules of Evidence, a dying declaration is admissible if the proponent of the statement can establish:
- Unavailability of the declarant -- this can be established using FRE 804(a)(1)-(5);
- The declarant’s statement is being offered in a criminal prosecution for homicide, or in a civil action;
- The declarant’s statement was made while under the belief that his death was imminent; and
- The declarant’s statement must relate to the cause or circumstances of what he believed to be his impending death.
The declarant does not actually have to die for the statement to be admissible, but there must be a genuine belief that death was imminent and the declarant must be unavailable to testify in court.