Also known as: opposing parties’ statements · opposing party statement · party-opponent statement · admission by opposing party
Written by attorneys · grounded in primary & secondary sources — see below
A statement offered against an opposing party that was made by the party in an individual or representative capacity, by a person authorized by the party, by the party's agent or employee on a matter within the scope of the relationship while it existed, or by a coconspirator during the conspiracy.
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Olivia Owens sues Orbit Communications for breach of contract after a missed delivery deadline. She offers an email sent by Orbit's project manager during employment that admits the delay. Orbit objects that the email is hearsay and that the manager must first be given an opportunity to explain or deny it. The court admits the email as an opposing party's statement without requiring any foundation.
Onyx O'Reilly faces fraud charges. The government offers a social media post containing details only the account holder would know. Onyx objects on hearsay grounds. The court admits the post as an opposing party's statement after the government supplies evidence that Onyx created and controlled the account.
The proponent must show by a preponderance that the declarant was an employee or agent at the time, that the statement concerned a matter within the scope of the relationship, and that the relationship existed when the statement was made. The statement itself does not establish the existence or scope of the relationship.
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No. Availability of the declarant is immaterial. The statement is treated as nonhearsay when offered against the opposing party regardless of whether the declarant testifies.
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No. The specific exclusion for compromise offers and negotiations controls and bars the evidence when offered to prove liability or amount, even if the statement would otherwise meet the requirements for an opposing party's statement.
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No. The declaration need not have been damaging at the time it was made. It is sufficient that the statement damages the party's case when offered at trial.
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An opposing party's statement is nonhearsay and may be admitted for its truth without any foundation requirement. A prior inconsistent statement of a nonparty witness requires an opportunity to explain or deny before extrinsic evidence may be introduced.
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