Rule 807 - Residual Exception(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 a writing filed with the court before the trial or hearing or in a filing during the trial or hearing if the court, for good cause, excuses a lack of earlier notice.Added Sept. 8, 2011, effective 1/1/2012; amended effective 1/1/2019.Comment to 2019 Amendment
Rule 807 was amended to conform to the changes made to Federal Rule of Evidence 807 that took effect on December 1, 2018.
COMMENT TO 2012 AMENDMENT
Rule 807 has been adopted to conform to Federal Rule of Evidence 807, as restyled.