This article discusses the residual hearsay exceptions contained in the Federal Rules of Evidence, which permit a judge to admit trustworthy hearsay even if the declaration does not fall within a specific exception. The author begins by summarizing the common law view of the trial judge's power to recognize new hearsay exceptions. Next, the author traces the legislative history of the residual exceptions. The author then analyzes the decided cases construing the exceptions. Finally, the author examines the question whether the courts should limit the residual exception rules to hearsay statements with extraordinary probative value. The author argues that sound statutory construction would not support courts being limited to using the residual exception rules only for hearsay statements with extraordinary probative value.
Edward J. Imwinkelried,
The Scope of the Residual Hearsay Exceptions in the Federal Rules of Evidence,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol15/iss2/3