A statement falls within the hearsay exception provided by Federal Rule of Evidence 803(2) only if the statement is related to a startling event or condition.

Fed. R. Evid. 412(c) ("(1) A party intending to offer evidence under subdivision (b) must -- (A) file a written motion at least 14 days before trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial;...If a party in a case involving a charge or claim of sexual assault wishes to offer evidence of the sexual disposition of the victim or the sexual conduct of the victim on other occasions, the offeror may be required by a rape shield law to give advance notice of the offeror's intent to do so.

Huff v. White Motor Corp, 609 F.2d 286, 294 (7th Cir. 1979) ( holding, in plaintiff wife's wrongful death action against defendant tractor-truck manufacturer, that the trial court erroneously excluded decedent's....The hearsay exception created by Federal Rule of Evidence 807 or a parallel State rule applies only if admission of the affected statement in evidence serves the interests of justice and the general purposes of the law of evidence.

United States v. Carson, 455 F.3d 336, 379-380 (D.C. Cir. 2006) (upholding trial court's refusal to admit the grand jury testimony of unavailable witnesses because "[defendants had] failed to show how the motive to develop....The hearsay exception for prior testimony applies in a criminal case only if the if the party against whom the testimony is now offered had an opportunity and similar motive to develop the testimony in the prior proceeding by direct, cross, or redirect examination. The exception applies in a civil action or proceeding only if the party against whom the testimony is now offered or a predecessor in interest had an opportunity and similar motive in the prior proceeding to develop the testimony by direct, cross, or redirect examination.