Also known as: declaration against interest · declarations against interests · statement against interest · statements against interest
Written by attorneys · grounded in primary & secondary sources — see below
A hearsay exception that permits admission of an out-of-court statement when the declarant is unavailable and the statement was so contrary to the declarant's pecuniary, proprietary, or penal interest that a reasonable person would not have made it unless believing it true.
Diane Dawson tells a coworker that she personally diverted company funds to cover personal expenses and that her supervisor had directed the transfers. After Diane dies, the company sues the supervisor. Only Diane's admission about her own diversion qualifies for admission because the portion blaming the supervisor is not genuinely self-inculpatory.
David Dawson tells three friends that he alone committed the robbery and that his cousin had no involvement. At trial the cousin offers the statements after David becomes unavailable. The court admits the statements because they exposed David to criminal liability and carried sufficient assurances of reliability.
Select any source to read its text and confirm it supports the definition.
Darrell Duncan admits to friends while sober that he hid inventory to avoid detection by auditors. After Darrell dies the company offers the statements in a civil suit. The court admits them because the statements were against Darrell's pecuniary interest when made and his later intoxication does not undermine the earlier reliability.
Dwight Dorsey tells investigators he falsified safety reports to meet production quotas. At trial the defense seeks to introduce polygraph results supporting the statement after Dwight becomes unavailable. The court excludes the polygraph results because they fall outside the statement-against-interest exception.
Demetrius Douglas admits to a friend that he sold narcotics from a specific location. Police later seize drugs at that location. In a prosecution of another person the court admits the friend's testimony about the admission because the statement exposed Demetrius to criminal liability and the seizure itself is not tainted by the statement.
Devon Drake tells a colleague that he diverted corporate funds for personal use. After Devon dies the company offers the statement in a civil recovery action despite extensive pretrial publicity. The court admits the statement because it was against Devon's pecuniary interest when made and the publicity does not affect the exception's application.
The declaration against interest exception requires the statement to be against the declarant's interest when made and the declarant to be unavailable. An admission by a party-opponent needs no such showing and may be offered even if the statement was not against interest at the time it was made.
Corroboration is required only when a statement exposing the declarant to criminal liability is offered in a criminal case. No corroboration is needed in civil cases even if the statement could expose the declarant to criminal liability.
Only the discrete portions that are genuinely self-inculpatory as to the declarant are admissible. Portions that merely incriminate another person remain inadmissible even if they appear in the same narrative.
Supporting sources
Unavailability exists when the declarant is dead, cannot be found despite reasonable efforts, or is absent and the proponent has not wrongfully caused the absence to prevent testimony.
…absence of the oath and opportunity for cross-examination. Among the most prevalent of these exceptions is the one applicable to declarations against interest[^maj-14]—an exception founded on the assumption that a person is unlikely to fabricate a statement against his own interest at the time it is made. Mississippi recognizes this exception but…