Residual Exception — Rule 807

• Jurisdiction: Colorado

Residual Exception — Rule 807

SUMMARY OF RULE 807

• Confers residual jurisdiction to admit hearsay that falls outside the enumerated exceptions. It is known as the "catchall" exception.
• The hearsay statement must be reliable and have circumstantial guarantees of trustworthiness equivalent to statements admitted under other exceptions.
• The statement must be offered as a material fact.
• The statement must be more probative than any other evidence available through reasonable efforts — i.e., it must be necessary.
• Admission of hearsay will serve the general purposes of the rules, and the interests of justice will be served.
• The adverse party must be notified sufficiently in advance to provide a fair opportunity to prepare to challenge it.

LEGAL AUTHORITIES

• Factors for determining the trustworthiness of a hearsay statement under CRE 807 include: (1) the nature and character of the statement; (2) the relationship of the parties; (3) probable motivation of the declarant; (4) the circumstances under which the statement was made; (5) knowledge and qualifications of the declarant; (6) the existence or lack of corroboration; and (7) availability of the declarant at trial for cross-examination. People v. Jensen, 55 P.3d 135 (Colo. App. 2001); Abdelsamed v. New York Life Ins. Co., 857 P.2d 421 (Colo. App. 1992), rev'd on other grounds sub nom. Hock v. New York Life Ins. Co., 876 P.2d 1242 (Colo. 1994).

• The court must make specific findings to establish the prerequisite to admissibility for allowing hearsay under the residual exception. People v. Fuller, 788 P.2d 741 (Colo. 1990).

• A murder victim's statement in a verified complaint to obtain a restraining order against her husband, and her expression to...