Federal Rules of Evidence – Rule 807 (through December 1, 2015)

Crushed Rule

In addition to the specific exceptions, hearsay is admissible if it’s sufficiently reliable (there are circumstantial guarantees of reliability on par with the specific exceptions); it’s in the interest of justice to admit; it’s more probative of a material fact than the other evidence reasonably available; and you give reasonable notice to the other side before offering it.

Actual Rule

(a) In General. Under the following circumstances, a hearsay statement is not excluded by the rule against hearsay even if the statement is not specifically covered by a hearsay exception in Rule 803 or 804:

(1) the statement has equivalent circumstantial guarantees of trustworthiness;

(2) it is offered as evidence of a material fact;

(3) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts; and

(4) admitting it will best serve the purposes of these rules and the interests of justice.

(b) Notice. The statement is admissible only if, before the trial or hearing, the proponent gives an adverse party reasonable notice of the intent to offer the statement and its particulars, including the declarant’s name and address, so that the party has a fair opportunity to meet it.

Selected Committee Notes 

The contents of Rule 803(24) and Rule 804(b)(5) have been combined and transferred to a new Rule 807. This was done to facilitate additions to Rules 803 and 804. No change in meaning is intended.

GAP Report on Rule 807. Restylization changes were eliminated.

Key Rules (MBE/MEE)