Section VIII · Hearsay
Rule 807. Residual exception
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (1)(a) In General. Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in Mil. R. Evid. 803 or 804:
(1) the statement is supported by sufficient guarantees of trustworthiness - after considering the totality of the circumstances under which it is made and evidence, if any, corroborating the statement; and
(2) the statement is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.
(b) Notice. The statement is admissible only if the proponent gives an adverse party reasonable notice of the intent to offer the statement - including its substance and the declarant's name - so that the party has a fair opportunity to meet it. The notice must be provided in writing before the trial or hearing - or in any form during the trial or hearing if the court, for good cause, excuses a lack of earlier notice.
Cross-referencesCited by 1Cites 2
Cited by
Provisions elsewhere in the Manual whose text cites Rule 807. Each link opens the citing provision.
Military Rules of Evidence
Mil. R. Evid. 804(b)(5) — Exceptions to the rule against hearsay - when the declarant is unavailable as a witness
Other Exceptions. [Transferred to Mil. R. Evid. 807]
Rule 807 cites
Provisions named in the text of Rule 807. Where the cited provision is on this site, the link opens it.