Chapter 12 - § 13.6 RESIDUAL HEARSAY EXCEPTION

• Jurisdiction: Colorado

§ 13.6 RESIDUAL HEARSAY EXCEPTION

Colorado

➢ "Residual Exception. A statement not specifically covered by Rule 803 or 804 but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant." CRE 807.

➢ "Among the Factors used to determine trustworthiness are: 1) the nature and character of the statement; 2) the relationship of the parties; 3) the motivation of the declarant; 4) the circumstances under which the statement was made; 5) the knowledge and qualifications of the declarant; 6) the existence or lack of corroboration; and 7) the availability of the declarant at trial for cross examination." Abdelsamed v. New York Life Ins. Co., 857 P.2d 421, 426-27 (Colo. App. 1992), rev'd sub nom. Hock v. New York Life Ins. Co., 876 P.2d 1242, 1255 (Colo. 1994).

➢ Income Summaries were admissible in trial court's discretion under residual exception to hearsay rule. The documents, compiled from business records, were shown to be reliable, necessary, and material statements of which the opposing party had notice. Hock v. New York Life Ins. Co., 876 P.2d 1242, 1255 (Colo. 1994).
➢ Court Should Make Specific Findings on the Record when allowing hearsay to be admitted under the "residual exception." People v. Fuller, 788 P.2d 741, 744 (Colo. 1990).

➢ A Witness May Testify as to His or Her Own Age and such testimony is competent evidence, which is a "generally recognized exception to the hearsay rule." Maddox v. People, 497 P.2d 1263, 1266 (Colo. 1972).

Federal

➢ "Residual Exception. (a) In General. Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in Rule 803 or 804:

(1)

...