Does the hearsay rule apply to exclude an adoptive father from evidence of false statements made against the adoptive father?

California, United States of America


The following excerpt is from The People v. Poster, B221395, No. YA058299 (Cal. App. 2010):

Evidence Code section 1221 exempts adoptive admissions from exclusion under the hearsay rule. It provides: "Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledge of the content thereof, has by words or other conduct manifested his adoption or his belief in its truth." When the admissibility of evidence depends on a foundational fact, "[t]he existence of conflicting evidence d[oes] not inexorably prevent a finding that an adequate foundation existed." (People v. Hinton (2006) 37 Cal.4th 839, 891 [record supported trial court's finding of sufficient evidence of preliminary fact even though conflicting evidence existed].)

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