Print Version
Previous PageFile uploaded: 6/10/2019

Rule 807. ?ResidualException.


(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 Rule803 or 804:

(a)(1)   the statement has equivalentcircumstantial guarantees of trustworthiness;


(a)(2)   it is offered asevidence of a material fact;


(a)(3)   it is more probative onthe point for which it is offered than any other evidence that the proponentcan obtain through reasonable efforts; and


(a)(4)   admitting it will bestserve 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.



EffectiveNovember 1, 2004



2011 Advisory Committee Note. ?The language of this rule has been amended as part of therestyling of the Evidence Rules to make them more easily understood and to makestyle and terminology consistent throughout the rules. These changes areintended to be stylistic only. There is no intent to change any result in anyruling on evidence admissibility. This rule is the federal rule, verbatim.


Original Advisory Committee Note. ?This rule transfers identical provisions Rule 803(24) and Rule804(b)(5) to a new Rule 807 to reflect theorganization found in the Federal Rules of Evidence. No substantive change isintended. This rule is the federal rule, verbatim.