Discretion of Court to Exclude Evidence Under Certain Exceptions

Except if offered by a defendant in a criminal proceeding, when any statement is admissible under Rules 803(c)(8), 803(c)(9), 803(c)(10), 803(c)(11), 803(c)(12), 803(c)(13), 803(c)(14), 803(c)(15), 803(c)(26) or 804(b), the court may exclude the statement at the trial if it appears that the proponent's intention to offer the statement in evidence was not made known to the adverse party at such time as to provide that party with a fair opportunity to challenge the statement. NOTE : Adopted September 15, 1992 to be effective July 1, 1993; caption and text amended September 16, 2019 to be effective July 1, 2020.