Breeden v. Independent Fire Ins. Co

In Breeden v. Independent Fire Ins. Co., 530 S.W.2d 769 (Tenn. 1975), the court set out the basic rule, later codified as Rule 804, regarding the declaration against penal interest exception to the hearsay rule: "From this day forward, extra-judicial declarations against pecuniary or penal interests, where material, are admissible where the declarant is dead; beyond the jurisdiction of the court and the reach of its processes; is suffering from such infirmities of body or mind as to preclude his appearance as a witness, either by personal presence or by deposition; or where he is present in court and refuses to testify on the ground of self-incrimination. As a further condition of admissibility, it must be shown that the declarant was in a position to have knowledge of the facts forming the subject of his declaration; that no motive to misrepresent was present when the statement was made, and, in appropriate cases, that the party offering the declaration has made a good faith effort to secure his attendance." (530 S.W.2d at 775.)