Also known as: statement of a party-opponent · party-opponent statements · statements of party opponent · party admission · admission by party-opponent · hearsay exception
Written by attorneys · grounded in primary & secondary sources — see below
An out-of-court statement offered against a party that was made by the party or by a person whose statement is attributable to the party. The statement is treated as nonhearsay when offered by an opposing party.
Sabrina Shah sues her former employer after a workplace injury. She offers a recorded statement made by the company safety officer admitting that the guardrail had been removed weeks earlier. The court admits the statement as a party-opponent admission because the officer acted within the scope of employment.
Samantha Stone is prosecuted for arson. The prosecution offers a statement by the building owner, a party to the related civil suit, admitting that he had instructed employees to disable smoke detectors. The court admits the statement against the owner as a party-opponent admission.
Sophia Singh sues her insurer after a denied claim. She offers an email from the claims adjuster stating that the policy language was ambiguous and coverage should have been extended. The court admits the email as a party-opponent statement because the adjuster spoke for the insurer.
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Sofia Stern is charged with drug possession. The prosecution offers a lab report signed by an analyst employed by the state crime lab stating that the substance tested positive. The court holds that the report qualifies as a party-opponent admission by a government agent.
Skylar Sullivan is tried for assault. The prosecution offers a recorded police interview in which Sullivan's wife described the attack. The court rules that the wife's statement is not a party-opponent admission because she is not a party or agent.
Simone Sanders faces murder charges. The prosecution offers a DNA report prepared by a state lab analyst concluding that the defendant's profile matches the crime-scene sample. The court determines that the report is admissible as a party-opponent statement by a government agent.
A statement by an employee is admissible against the employer when the employee was acting within the scope of employment and the statement concerns a matter within that scope. The rule treats the statement as nonhearsay when offered by the opposing party.
No. The exemption applies regardless of the declarant's availability. The statement is excluded from the hearsay definition when offered against the party who made it or whose agent made it.
No. When the statement is testimonial, the confrontation clause requires that the declarant be unavailable and that the defendant had a prior opportunity for cross-examination. The hearsay exemption does not override constitutional confrontation requirements.
…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…