Richard A. and Carol B. Little - Page 22

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          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.                                     




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