(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. (Added Apr. 11, 1997, eff. Dec. 1, 1997; amended Apr. 26, 2011, eff. Dec. 1, 2011.) ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
added in current removed in current
Compared to current version (2025).
(a) In General. Under the following circumstanceonditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not specifically covered byadmissible under a hearsay exception in Rule 803 or 804:
(1) the statement has equivalent circumstantialis supported by sufficient guarantees of trustworthiness;
(2) it is offered as evidence of a material fact;-after considering the totality of circumstances under which it was made and evidence, if any, corroborating the statement; and
(32) 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-including its substance and the declarant’s name and address, -so that the party has a fair opportunity to meet it. (AThe 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.
(As added Apr. 11, 1997, eff. Dec. 1, 1997; amended Apr. 26, 2011, eff. Dec. 1, 2011.) ; Apr. 25, 2019, eff. Dec. 1, 2019.)
Appended Forms
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION