Rule 11-807 NMRA
Rule 11-807. Residual exception.
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.