§ 32.06 Individual Admissions: FRE 801(d)(2)(A)

• Jurisdiction: United States

§ 32.06 Individual Admissions: FRE 801(d)(2)(A)

Statements, oral or written, of a party, in either her individual or representative capacity, are admissible as substantive evidence if offered against that party. A party cannot introduce her own statements under this rule.

An individual admission may be defined as any statement made by a party that is inconsistent with that party's position at trial. Stated another way, any statement made by a party at any time is admissible as an admission if (1) relevant and (2) offered by the opposing party. They can range from deposition testimony to casual statements made to friends.

As noted above, in 2011 the advisory committee changed the title of the rule from "admissions" to "statements": "The term 'admissions' is confusing because not all statements covered by the exclusion are admissions in the colloquial sense—a statement can be within the exclusion even if it 'admitted' nothing and was not against the party's interest when made."

[A] Pleas of Guilty

A plea of guilty in a criminal case is an admission and thus is admissible against a party-opponent in a subsequent criminal or civil case. Rule 410, however, precludes the admissibility of guilty pleas that are subsequently withdrawn, pleas of no contest, offers to plead guilty or no contest, and statements made in connection with such pleas and offers.⁴⁶ (In addition, judgments of prior convictions, whether based upon a guilty plea or a jury verdict, may be admissible under Rule 803(22).⁴⁷ Judgments are not party admissions.)

[B] Confessions

The confession of a criminal defendant is an admission of a party-opponent. Some common law cases distinguish confessions and admissions, characterizing confessions as a complete acknowledgment of guilt and admissions as something less. The distinction is not important. Both confessions and admissions are admissible under Rule 801(d)(2)(A).⁴⁸ "[T]he statements need neither be incriminating, inculpatory, against interest, nor otherwise inherently damaging to the declarant's case."⁴⁹ The rule governs only the hearsay aspects of confessions. It is not concerned with the constitutional requirements surrounding how police obtain statements from defendants.⁵⁰

[C] "Privity" Admissions

Prior to the Rules of Evidence, common law cases admitted against a party statements of persons who were in privity of estate or interest with that party. Privity admissions are not admissible under Rule 801(d)(2). No provision encompasses such...