AL Bar Practice Questions - Alabama Bar Examination Exam

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At trial, a party seeks to introduce a hearsay statement that does not fall within any specific exception but bears strong guarantees of trustworthiness and is more probative than other available evidence. Under FRE 807, the residual exception, may it be admitted?

No, the residual exception was abolished Yes, if the statement has sufficient guarantees of trustworthiness and is more probative on the point than other reasonably available evidence, with proper notice Yes, in all cases without conditions No, hearsay outside enumerated exceptions is never admissible

Correct Answer:

Yes, if the statement has sufficient guarantees of trustworthiness and is more probative on the point than other reasonably available evidence, with proper notice

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