Rule 11-807 Residual exception.
ARTICLE 8 Hearsay
Rule Text
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 11-803 NMRA or Rule 11-804 NMRA:
(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.
Amendment history: Approved by Supreme Court Order No. 07-8300-023, effective November 1, 2007; as amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012. As amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.