A rule that gives the court the discretion to admit evidence that is hearsay when the evidence is more probative than any other evidence on the issue reasonably obtainable, and that the rules of evidence and the principles of justice will be served thereby.
The residual exception is a rule of evidence that allows courts to admit hearsay evidence if it is more probative than any other available evidence on the issue and if admitting it serves the principles of justice and the rules of evidence. This exception provides flexibility in cases where adhering strictly to the hearsay rule would result in an unfair outcome. The following examples and case studies illustrate the use and impact of the residual exception in various legal contexts:
These cases further demonstrate the application and implications of the residual exception in legal proceedings:
For more detailed information, see our related Evidence terms: