Toxic Tort Monitor: Affidavits of Deceased Plaintiff Admitted Under Residual Exception to Hearsay By Jennifer Cecil & Madeline Quoss on August 19, 2020 Posted in Legislative & Judicial Updates, Toxic Torts In July, a Delaware Superior Court judge ordered affidavits of a deceased plaintiff admitted under the residual exception to hearsay, finding that the affidavits were sufficiently trustworthy for purposes of admissibility under D.R.E. 807.