Does a party's out-of-court statement qualify under the party admissions exception to the hearsay rule?

California, United States of America


The following excerpt is from People v. Cortez, 201 Cal.Rptr.3d 846, 369 P.3d 521, 63 Cal.4th 101 (Cal. 2016):

We reject defendant's argument. As to hearsay statements that qualify under the party admissions exception to the hearsay rule (Evid.Code 1220 ), "[w]e have long recognized that ... persons are often unable " to state the exact language of an admission. " ' [Citations.] This recognition, however, does not automatically render any statements of a party inadmissible...." (People v. Riccardi (2012) 54 Cal.4th 758, 832, 144 Cal.Rptr.3d 84, 281 P.3d 1.) Nor does ambiguity regarding the meaning of a party's out-of-court statement automatically render the party admissions exception inapplicable. (People v. Guerra (2006) 37 Cal.4th 1067, 1122, 40 Cal.Rptr.3d 118, 129 P.3d 321 ;

[369 P.3d 539]

People v. Kraft

[63 Cal.4th 126]

Other Questions


When a defendant has adopted a statement as his own as an adoptive admission, is that statement admissible under the hearsay rule? (California, United States of America)
Is a piece of paper with a license plate number on it admissible under spontaneous statement exception to hearsay rule? (California, United States of America)
What is the test for admissible statements under the coconspirator exception to the hearsay rule? (California, United States of America)
In what circumstances will a defendant be found admissible under the hearsay rule under the state of mind exception to hearsay? (California, United States of America)
Is a defendant's statement of intent to commit a crime a hearsay exception to the hearsay rule? (California, United States of America)
In a personal injury action brought by Husband against his ex-partner in a civil case, is the husband permitted to introduce prior inconsistent statements or party admissions pursuant to the hearsay rule? (California, United States of America)
Is a party who makes a statement in the presence of a witness admissible for the purpose of showing the party's reaction to the statement? (California, United States of America)
Is a statement of abuse an adoptive admission for abuse of children an exception to the hearsay rule? (California, United States of America)
Is a statement of a party admissible under the hearsay rule? (California, United States of America)
What is the test for admissible evidence of inconsistent statements under the hearsay rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.