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, declare that whose signature(s) appear(s) as a subscribing witness(es) to the Will dated. (a) Criteria for Being Unavailable.Witness's Prior Statement and Bias or Interest. Although Rule 56(e) requires affidavits to set out facts that would be admissible in evidence, since. What you get: Instant access to fillable Microsoft Word or PDF forms. Unavailable Witness Affidavit-Oath Of Non-Subscribing Witness Form. This is a Pennsylvania form and can be use in Chester Local County. 60-460. Hearsay evidence excluded; exceptions. 60-460. Hearsay evidence excluded; exceptions. (b) Hearsay exceptions.