Is hearsay evidence admissible against a party who has made an out-of-court statement?

California, United States of America


The following excerpt is from People v. Doud, H034920 (Cal. App. 2011):

" 'Hearsay evidence' is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated." (Evid. Code, 1200, subd. (a).) "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, fn. omitted (Castille); Evid. Code, 1220 ["Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party"].) " 'Evidence Code section 1220 covers all statements of a party, whether or not they might be characterized as admissions. [Citations.]' [Citation.]" (Castille, supra, at p. 876, italics omitted.)

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