DE · rules
D.R.E. 807
Residual Exception
(a) In General. Under the following circumstances, a hearsay statement is
not excluded by the rule against hearsay even if the statement is not
specifically covered by a hearsay exception in Rule 803 or 804:
(1) the statement has equivalent circumstantial guarantees of
trustworthiness;
(2) it is offered as evidence of a material fact;
(3) it is more probative on the point for which it is offered than any other
evidence that the proponent can obtain through reasonable efforts; and
(4) admitting it will best serve the purposes of these Rules and the
interests of justice.
(b) Notice. The statement is admissible only if, before the trial or hearing,
the proponent gives an adverse party reasonable notice of the intent to offer
the statement and its particulars, including the declarant’s name and address,
so that the party has a fair opportunity to meet it.
History
Comment This Rule was transferred from former D.R.E. 803(24) in 2001 and tracks F.R.E. 807 in effect on December 31, 2000. See Demby v. State, Del. Supr., 695 A.2d 1152 (1997). D.R.E. 807 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. There is no intent to change any result in ruling on evidence admissibility.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
6b2f85cba2110bf9c17300123ba5411e3d08bcf516cac710dbe6724d6d068891
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