Del. R. Evid. 807

As amended through May 31, 2024
Rule 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.

Del. R. Evid. 807

Amended November 28, 2017, effective 1/1/2018.

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.