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


The following excerpt is from People v. Gomez, F059747, Super. Ct. No. VCF178900 (Cal. App. 2011):

(People v. Preston (1973) 9 Cal.3d 308, 313-314; see Evid. Code, 1221.) "'For the adoptive admission exception [to the hearsay rule] to apply, ... a direct accusation in so many words is not essential.' [Citation.] 'When a person makes a statement in the presence of a party to an action under circumstances that would normally call for a response if the statement were untrue, the statement is admissible for the limited purpose of showing the party's reaction to it. [Citations.] His silence, evasion, or equivocation may be considered as a tacit admission of the statements made in his presence.' [Citation.]" (People v. Riel (2000) 22 Cal.4th 1153, 1189.)

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