Is a statement of a party admissible under the hearsay rule?

California, United States of America


The following excerpt is from People v. Ruiz, H040242 (Cal. App. 2016):

"The statement of a party is the most straightforward of the hearsay exceptions. Simply stated, and as a general rule, if a party to a proceeding has made an out-of-court statement that is relevant and not excludable under Evidence Code section 352, the statement is admissible against that party declarant." (People v. Castille (2005) 129 Cal.App.4th 863, 875-876 (Castille), italics added.) "The exception to the hearsay rule for statements of a party is sometimes referred to as the exception for admissions of a party. However, Evidence Code section 1220 covers all statements of a party, whether or not they might otherwise be characterized as admissions. [Citations.]" (People v. Horning (2004) 34 Cal.4th 871, 898, fn. 5.)

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