Rule 807 — Residual Exception

Fed. R. Evid. 807

• Source: Federal Rules of Evidence
• Rule: 807
• ARTICLE VIII: HEARSAY
• Citation: Fed. R. Evid. 807

Text

(a) IN GENERAL. Under the following conditions, a hearsay state-
ment is not excluded by the rule against hearsay even if the state-
ment 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 circum-
stances under which it was made and evidence, if any, corrobo-
rating 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.

Advisory Committee Notes

(As added Apr. 11, 1997, eff. Dec. 1, 1997; amended Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 25, 2019, eff. Dec. 1, 2019.)