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Michael Hoenig is a member of Herzfeld & Rubin. Michael Hoenig

Did you notice? Effective Dec. 1, 2019, Federal Rule of Evidence (FRE) 807 was changed. That’s the rule governing the so-called “residual hearsay” exception which, if its revised conditions are met, could allow hearsay evidence to be held admissible even if the out-of-court statement doesn’t fit within the array of other hearsay exceptions enumerated in FRE 803 or 804. In an era when emails and social media communications have proliferated explosively and persons express themselves more intimately, informally and unguardedly, the applicability of hearsay exceptions can be a big deal. Admissibility of a seemingly casual statement can make or break a case.

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