![]() ![]() (4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness or (3) testifies to not remembering the subject matter (2) refuses to testify about the subject matter despite a court order to do so (1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies A declarant is considered to be unavailable as a witness if the declarant:
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