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Rule 807. Residual Exception

 

(a)      InGeneral. Under the following circumstances, a hearsay statement is notexcluded by the rule against hearsay even if the statement is not specificallycovered by a hearsay exception in Rule 803 or 804:

 

(1)   the statement hasequivalent circumstantial guarantees of trustworthiness;

 

(2)   it isoffered as evidence of a material fact;

 

(3)   it ismore probative on the point for which it is offered than any other evidencethat the proponent can obtain through reasonable efforts; and

 

(4)   admittingit will best serve the purposes of these rules and the interests of justice.

 

(b)      Notice.The statement is admissible only if, before the trial or hearing, the proponentgives an adverse party reasonable notice of the intent to offer the statementand its particulars, including the declarant’s nameand address, so that the party has a fair opportunity to meet it.

 

 

2011 Advisory CommitteeNote. – Thelanguage of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intended to be stylisticonly. There is no intent to change any result in any ruling on evidence admissibility.This rule is the federal rule, verbatim.

 

ADVISORYCOMMITTEE NOTE

 

This ruletransfers identical provisions Rule 803(24) and Rule 804(b)(5) to a new Rule807 to reflect the organization found in the Federal Rules of Evidence. Nosubstantive change is intended. This rule is the federal rule, verbatim.