3.03.160 Admissibility of Declaration of Pedigree; Declarant Related or Closely Associated

Evidence of a hearsay statement of a matter concerning the birth, marriage, divorce, death, legitimacy, race-ancestry, relationship by blood or marriage or other similar fact of the family history of a person other than the declarant is admissible if the Court finds:

(a) That the declarant was related to the other by blood or marriage or finds that the declarant was otherwise so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared, and made the statement as upon information received from the other or from a person related by blood or marriage to the other, or as upon repute in the other's family; and

(b) That the declarant is unavailable as a witness. Evidence of the hearsay may be admitted by the Court in the exercise of its discretion if it is found that the facts specified in clause (1) of this paragraph exist, even if all declarants are available.