- 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 NextLast modified: May 25, 2011