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: (b) the statement has equivalent circumstantial guarantees of trustworthiness; (c) it is offered as evidence of a material fact; (d) 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 (e) admitting it will best serve the purposes of these rules and the interests of justice. (f)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.COMMENT ON RULE 807
Rule 807 is a new rule that was taken verbatim from the federal rules. Federal Rule 807 was added to the Federal Rules of Evidence in 1997. The Advisory Committee set out the following justification for the new rule: "The contents of Rule 803(24) and Rule 804(b)(5) have been combined and transferred to a new Rule 807. This was done to facilitate additions to Rules 803 and 804. No change in meaning is intended." 1997 Advisory Committee Notes, Federal Rule 807.