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Rule 807. Residual Exception

Arizona Revised Statutes AnnotatedRules of Evidence for Courts in the State of Arizona

Arizona Revised Statutes Annotated
Rules of Evidence for Courts in the State of Arizona (Refs & Annos)
Article VIII. Hearsay
Arizona Rules of Evidence, Rule 807
Rule 807. Residual Exception
(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 Rule 803 or 804:
(1) the statement is supported by sufficient guarantees of trustworthiness--after considering the totality of circumstances under which it was made and evidence, if any, corroborating the statement; and
(2) it 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 a writing filed with the court before the trial or hearing--or in a filing during the trial or hearing if the court, for good cause, excuses a lack of earlier notice.

Credits

Added Sept. 8, 2011, effective Jan. 1, 2012. Amended Aug. 28, 2018, effective Jan. 1, 2019.

Editors' Notes

COMMENT TO 2012 AMENDMENT
Rule 807 has been adopted to conform to Federal Rule of Evidence 807, as restyled.
COMMENT TO 2019 AMENDMENT
Rule 807 was amended to conform to the changes made to Federal Rule of Evidence 807 that took effect on December 1, 2018.
17A Pt. 1 A. R. S. Rules of Evid., Rule 807, AZ ST REV Rule 807
Current with amendments received through 08/15/19
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