RULE 807. RESIDUAL EXCEPTION
Effective Date: 3/1/2000
Obsolete Date: 3/1/2014
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. 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.
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.