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.

Johnson v. Elk Lake School District, 283 F.3d 138, 152-155 (3d Cir. 2002) (civil action for sexual harassment and abuse; issue: admissibility under Federal Rule of Evidence 415 of another sexual offense; after extensive discussion court of appeals reluctantly concludes that the "sufficient to support a...Evidence of a condition upon which the relevance of evidence depends is sufficient if a reasonable trier (such as a jury) can find by a preponderance of the evidence that the condition exists.

Fed. R. Evid. 804(a) ("(a) Definition of unavailability. 'Unavailability as a witness' includes situations in which the declarant-- (1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; or (2) persists in refusing to testify concerning the subject...For purposes of the hearsay exceptions created by Federal Rule of Evidence 804 or a comparable State rule a declarant is "unavailable" within the meaning of Rule 804(a) or a comparable State rule if the declarant (1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; or (2) persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; or (3) testifies to a lack of memory of the subject matter of the declarant's statement; or (4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or (5) is absent from the hearing and the proponent of a statement has been unable to procure the declarant's attendance (or in the case of a hearsay exception under subdivision (b)(2), (3), or (4) of Rule 804(b) or a comparable State rule, the declarant's attendance or testimony) by process or other reasonable means; but a declarant is not "unavailable" if such exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying.

McMorrow v. Schweiker, 561 F. Supp. 584, 589 (D.N.J. 1982) (holding, in plaintiff's claim for widow's insurance benefits, that the Secretary properly denied the claim because (1) "[n]one of the forms of preferred....Federal Rule of Evidence 803(12) or a comparable State rule creates a hearsay exception for statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.