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Rule 804 — Exceptions to the rule against hearsay - when the declarant is unavailable as a witness

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The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.

1 amended 0 added 0 removed 21 unchanged 1 authority-backed edit · recorded 2026-07-01 – 2026-07-01
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804(b)(3)(B) amended
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Original text
is supported by corroborating circumstances that clearly indicate its trustworthiness, if it tends to expose the declarant to criminal liability and is offered to exculpate the accused.
Current text
if offered in a criminal case as one that tends to expose the declarant to criminal liability, is supported by corroborating circumstances that clearly indicate its trustworthiness after considering the totality of circumstances under which it was made and any evidence that supports or undermines it.
All changes since the original (removed / added)
if offered in a criminal case as one that tends to expose the declarant to criminal liability, is supported by corroborating circumstances that clearly indicate its trustworthiness,trustworthiness ifafter itconsidering tendsthe tototality exposeof thecircumstances declarantunder towhich criminalit liabilitywas made and isany offeredevidence tothat exculpatesupports theor accused.undermines it.
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v2 2026-07-01 2024 Amendments to Federal Rules of Evidence (FRE amendment, eff. 2026-06-01) admin
if offered in a criminal case as one that tends to expose the declarant to criminal liability, is supported by corroborating circumstances that clearly indicate its trustworthiness,trustworthiness ifafter itconsidering tendsthe tototality exposeof thecircumstances declarantunder towhich criminalit liabilitywas made and isany offeredevidence tothat exculpatesupports theor accused.undermines it.

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