- 22 - the residual exception to the hearsay rule. To admit a statement under rule 803(24) of the Federal Rules of Evidence, the proponent must show that it: (1) Has circumstantial guarantees of trustworthiness equivalent to those required to qualify for other hearsay exceptions; (2) is offered as evidence of a material fact; (3) is more probative on the point for which it is offered than any other evidence which the proponent could obtain through reasonable efforts; (4) serves the general purposes of the Federal Rules of Evidence and the interests of justice if admitted; and (5) was provided with particulars of the testimony to the other party sufficiently in advance of trial so that the other party has a fair opportunity to prepare to meet it. Fed. R. Evid. 803(24). Rule 803(24) of the Federal Rules of Evidence is narrowly construed and applies only in exceptional circumstances. SEC v. First City Fin. Corp., 890 F.2d 1215 (D.C. Cir. 1989); United States v. Kim, 595 F.2d 755 (D.C. Cir. 1979); (...continued) 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.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011