Also known as: coconspirator rule · co-conspirators rule · hearsay exception · conspiracy exception
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which an out-of-court statement by one member of a conspiracy is admissible against other members when the statement was made during and in furtherance of the conspiracy.
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Prosecutors charge Daniel Reed and Maria Ortiz with conspiracy to commit securities fraud. They offer Ortiz's recorded statement describing the group's plan to inflate earnings, made during a planning meeting. The court admits the statement against Reed after finding it was made during and in furtherance of the conspiracy.
Prosecutors charge Carla and Luis with conspiracy to defraud Grandview Hotels. They offer Luis's recorded statement outlining how the pair would conceal the scheme, made while executing the plan. The court admits the statement against Carla after finding it was made during and in furtherance of the conspiracy.
Prosecutors charge Lillian and a research coordinator with conspiracy to conceal clinical-trial risks at Harbor Med. They offer the coordinator's recorded statement detailing the cover-up plan, made during a group meeting. The court admits the statement against Lillian after finding it was made during and in furtherance of the conspiracy.
Prosecutors charge several defendants with conspiracy to distribute drugs. They offer a recorded statement by one member describing the group's distribution plan made during a meeting. The court admits the statement against all members after finding it was made during and in furtherance of the conspiracy.
Prosecutors charge the estate's agents and Valley Regional staff with conspiracy to hide stroke data. They offer a coordinator's recorded statement describing the concealment plan, made while carrying it out. The court admits the statement against all after finding it was made during and in furtherance of the conspiracy.
Prosecutors charge Chelsea, Elena, and Antonio with conspiracy to cause the gas-facility explosion. They offer Elena's recorded statement describing the group's safety-override plan, made during execution. The court admits the statement against all after finding it was made during and in furtherance of the conspiracy.
No. The co-conspirator exemption operates independently of unavailability requirements that govern other hearsay exceptions.
Supporting sources
Yes. Rule 104(a) permits the trial judge to consider the proffered declaration when determining its admissibility.
Supporting sources
Only those discrete remarks that are genuinely self-inculpatory or made in furtherance of the conspiracy qualify. Collateral statements implicating others are excluded.
Supporting sources
…statement was inadmissible under the Confrontation Clause of the Sixth Amendment, it was admissible under a “firmly rooted” hearsay exception for statements against penal interest and that admitting it did not violate the Constitution. We granted certiorari to determine whether the State’s use of Sylvia’s statement violated the…