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10. Before permitting evidence of the dying declaration, the judge should hear evidence on the issue from
A defendant is on trial for killing the victim. The prosecutor calls a witness to testify that after being shot, the victim said, «The defendant did it.» Before the testimony is given, the defendant's lawyer asks for a hearing on whether the victim believed his death was imminent when he made the statement.
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B is incorrect. In jury cases, evidentiary hearings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury. The jury should not be present for the evidentiary hearing.
C is incorrect. The jury should not be present and the determination is to be done by the judge.
D is incorrect. Both sides, not just the proponent of the evidence, must be permitted to present evidence and arguments about the admissibility of evidence.