RULE 807. RESIDUAL EXCEPTION
Effective Date: 3/1/2022
(a) In General. Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in Rule 803 or 804:
(1) the statement is supported by sufficient guarantees of trustworthiness–after considering the totality of circumstances under which it was made and evidence, if any, corroborating the statement; and
(2) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.
(b) Notice. The statement is admissible only if the proponent gives an adverse party reasonable notice of the intent to offer the statement–including its substance and the declarant’s name–so that the party has a fair opportunity to meet it. The notice must be provided in writing before the trial or hearing–or in any form during the trial or hearing if the court, for good cause, excuses a lack of earlier notice.
Rule 807 was adopted, effective March 1, 2000. Rule 807 was amended, effective March 1, 2014; March 1, 2022.
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.
Rule 807 was amended, effective March 1, 2022, in response to the December 1, 2019, revision of the Federal Rules of Evidence. The amendments are intended to clarify the standards for admission of evidence under the residual exception.
SOURCES: Joint Procedure Committee Minutes of September 24, 2020, pages 6-7; September 27, 2012, page 26; September 24-25, 1998, page 4; April 30-May 1, 1998, page 16. Fed.R.Ev. 807.