Intro to the Federal Rules of Evidence - 73

F. RESIDUAL EXCEPTION (FRE 807)

1. Intro
The FRE provide a general catch-all exception for hearsay statements not covered by specific exceptions.

2. Requirements
a. Circumstantial guarantees of trustworthiness
In determining whether the statement has “equivalent circumstantial guarantees of trustworthiness”, the court is likely to consider these factors: (1) under oath; (2) how much time lapsed; (3) declarant’s motive for telling truth; (4) first-hand knowledge; (5) written v. oral statement; (6) subsequently recanted statement.

b. Evidence of material fact
The statement must be offered as evidence of a material fact.

c. More probative
The statement must be more probative on the point for which it is offered than any other evidence which is available through reasonable efforts.

d. Interests of justice
Use of the evidence must be consistent with the general purposes of the FRE and the interests of justice.

e. Notice to adversary
The proponent must give notice in advance of trial to the adverse party as to the nature of the statement (including the name and address of the declarant) so that the adversary has an opportunity to prepare to meet it.