Notice - Virtual Judicial Conference on September 7, 2023 on the Proposal to Amend Rule of Evidence 803(c)(25) and 804(b)(3) ("Hearsay - Statement Against Interest") to Require that the Declarant be Unavailable

Pursuant to N.J.S.A. 2A:84A-34, the New Jersey Judiciary is convening a Judicial Conference on Thursday, September 7, 2023, to discuss proposed amendments to the Rules of Evidence. The proposed amendments would require that the declarant be unavailable in order for statement against interest hearsay to be admitted into evidence. The Judicial Conference will be conducted in a virtual format on Zoom beginning at 10:00 a.m. 

This proposal would be accomplished by relocating this hearsay exception from N.J.R.E. 803(c)(25) ("Hearsay Exceptions Not Dependent on Declarant's Unavailability" - "Statements Against Interest") to N.J.R.E. 804(b )(3) ("Hearsay Exceptions: Declarant Unavailable"). The proposed amendments, appended to this notice, are described and discussed in the document also appended to this Notice. 

Anyone wishing to speak at the September 7 Virtual Judicial Conference should notify the Administrative Director of the Courts by Thursday, August 31, 2023, by e-mail at Comments.mailbox@njcourts.gov or in writing at the following address: 

Glenn A. Grant, Administrative Director 
Attention: 2023 Judicial Conference on Evidence Rules
Hughes Justice Complex; P.O. Box 037 
Trenton, NJ 08625-0037 

Requests to speak must identify the individual seeking to speak and whether the speaker will be representing an organization. Please note that the limit on each speaker's presentation will be five minutes. Written comments will also be accepted. 

The September 7 Judicial Conference will be live streamed for public viewing. For those wishing to view it, a link will be posted on the front page of the Judiciary website on the morning of the Judicial Conference 
(https://www .njcourts.gov).