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§ 35.06 KEY POINTS
Jurisdiction | United States |
§ 35.06. KEY POINTS
There are reliable hearsay statements that do not fall within any of the exceptions specified in Rules 803 and 804. The residual exception is a way to recognize this by giving the trial judge ad hoc authority to admit trustworthy hearsay in a particular case.
The residual exception requires: (1) the statement must have "equivalent circumstantial guarantees of trustworthiness" as the exceptions in Rules 803 and 804; (2) the statement must be offered as evidence of a material fact; (3) the statement must be more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts; (4) admission must serve the general purposes of the Federal Rules and the interests of justice; and (5) notice must be given to the other party. Two of the requirements are redundant. Rule 401 already requires materiality, and Rule 102, the purpose and construction clause, mandates "doing justice," among other things.
Trustworthiness. Numerous factors are relevant to determining reliability. Consider first the hearsay dangers — perception, memory, narration, or sincerity problems. It is the reduction or elimination of one or more of these dangers that underlies the exceptions in Rule 803 and 804.
Other factors...
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