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ARTICLE VIII. HEARSAY

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Rule 801
Rule 803
Rule 804
Rule 804(1)
Rule 804(2)
Rule 804(3)
Rule 804(5)
Rule 805
Article X. Contents of Writings, Recordings,
and Photographs

       (5) Other exceptions. [Changes highlighted] A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if (a) the proponent gives notice to the opposing party of the intention to use the evidence, with details --of the statement, including the identity of the declarant; and (b) the court determines that [(A) that statement is offered as evidence of a material fact (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts] more reliable evidence is not reasonably available.[; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.]


       (5) Other exceptions. [Clean copy] A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if (a) the proponent gives notice to the opposing party of the intention to use the evidence, with details --of the statement, including the identity of the declarant; and (b) the court determines that more reliable evidence is not reasonably available.

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