RULE 807. RESIDUAL EXCEPTION
A statement not specifically covered by Rule 803 or 804 but having equivalent
circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court
determines (A) the statement is offered as evidence of a material fact; (B) the statement is
more probative on the point for which it is offered than any other evidence which the
proponent can procure through reasonable efforts; and (C) the general purposes of these rules
and the interests of justice will best be served by admission of the statement into evidence.
(a) In General. Under the following circumstances, a hearsay statement is not excluded by the rule against hearsay even if the statement is not specifically covered by a hearsay exception in Rule 803 or 804:
(1) the statement has equivalent circumstantial guarantees of trustworthiness;
(2) it is offered as evidence of a material fact;
(3) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts; and
(4) admitting it will best serve the purposes of these rules and the interests of justice.
However, a statement may not be admitted under this exception unless the
proponent of it
makes known to the adverse party and to the court in writing sufficiently in advance of its
offer in evidence to provide the adverse party with a fair opportunity to prepare to meet it,
the proponent's intention to offer the statement and the particulars of it, including the name
and address of the declarant.
(b) Notice. The statement is admissible only if, before the trial or hearing, the proponent gives an adverse party reasonable notice of the intent to offer the statement and its particulars, including the declarant's name and address, so that the party has a fair opportunity to meet it.
Rule 807 was adopted, March 1, 2000. Rule 807 was amended, effective March 1, 2014.
Rule 807 contains the contents of former Rules 803(25) and 804(5).
Rule 807 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of September 27, 2012,
page 26; September
24-25, 1998, page 4; April 30-May 1, 1998, page 16. Rule 807, Federal Rules of