Strangulating Hearsay: The Residual Exceptions to the Hearsay Rule
Explores the history and background of the Federal Rules of Evidence. The residual or "catch-all" hearsay exceptions contained in the Federal Rules of Evidence permit a trial judge, under certain circumstances, to admit hearsay that does not fit within a specific exception to the hearsay rule. The courts continue to vary widely in their construction and implementation of these new exceptions. This article examines the history and background of the Federal Rules of Evidence, particularly the residual exceptions, catalogs the relevant cases, and concludes with suggestions for the proper scope for exceptions.