Rule Text
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 5.803 or 5.804:
(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 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.
Amendment history: Report April 2, 2009, effective June 1, 2009; September 28, 2016, effective January 1, 2017; September 14, 2022, effective January 1, 2023
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This rule lets a judge allow hearsay into evidence even when it does not fit any of the usual exceptions. Hearsay is normally not allowed because the person who made the statement is not in court to be questioned about it. But sometimes a statement is reliable enough and important enough that the court will let it in anyway.
For this to happen, two things must be true. First, the statement has to show real signs of being trustworthy. The judge looks at the situation surrounding the statement and any other evidence that backs it up. Second, the statement must be more useful in proving the point than any other evidence the person could reasonably get. In other words, it cannot be used as a shortcut when better evidence is available.
There is also a notice requirement. The side that wants to use the statement has to tell the other side ahead of time. This notice needs to explain what the statement says and who said it, so the other side has a fair chance to respond or challenge it. Normally this notice must be given in writing before the trial or hearing starts. But if there is a good reason for the delay, the judge can allow the notice to come later, even during the trial itself.
