Evidence and Admissibility
Hearsay
Rule 807 permits admission where the statement is supported by sufficient guarantees of trustworthiness after considering corroborating evidence, and is more probative than other available evidence. Notice to the adverse party is required.
The 2019 amendment revised the standard.
Alternative Names:
Catch-All Exception|Rule 807
Why it Matters?
Courts apply the exception narrowly to avoid swallowing the hearsay rule, and near-miss statements that almost satisfy an enumerated exception have received mixed treatment. The 2019 amendment expressly permits considering corroborating evidence in assessing trustworthiness, which broadened the analysis. Advance notice is required and failure to give it defeats admission regardless of the statement's reliability.
Frequently Confused with
Related terms
Frequently asked questions
What did the 2019 amendment change?
What defeats admission regardless of reliability?
