Chapter 2 - § 2.1 • ADMISSIONS

• Jurisdiction: Colorado

§ 2.1 • ADMISSIONS

§ 2.1.1—Introduction

An admission is the prior act or statement of a party that you may seek to introduce as evidence against that party. Typically, a written or verbal communication of the party's conduct will constitute the admission. However, you can also attempt to use the silence or inaction of the party as an admission. Special consideration should be given in criminal cases to refrain from commenting on defendants' exercise of their Fifth Amendment rights. Griffin v. California, 380 U.S. 609 (1965) (holding that the trial court's and the prosecutor's comments on the defendant's failure to testify violated the self-incrimination clause of the Fifth Amendment); People v. Ortega, 597 P.2d 1034 (Colo. 1979) (holding that the prosecutor's initial and rebuttal references to the defendant's post-arrest silence violated his constitutional right to a fair trial implicit in the guarantee of due process and abridged his constitutional privilege against self-incrimination).

Under CRE 801(d)(2), evidentiary admissions are deemed to be not hearsay. Statements that are not hearsay, as defined by CRE 801(d)(2), are often referred to as admissions by a party-opponent and are distinct from statements that constitute hearsay under CRE 801(c) but are otherwise admissible under an exception to the hearsay rules pursuant to CRE 803 or 804. Evidentiary admissions are deemed to not be hearsay because they are statements made by and offered against a party-opponent who would have an opportunity to explain the statements during the course of the adversary process. People v. Meier, 954 P.2d 1068, 1070 (Colo. 1998). CRE 801(d)(2) does not limit statements to those that are only statements against interest. Id.

Under CRE 409, evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury. See Bosner v. Shainholtz, 983 P.2d 162, 166 (Colo. App. 1999), rev'd on other grounds, 3 P.3d 422 (Colo. 2000). Also, an offer of a party to settle a matter is generally not admissible under CRE 408 to prove liability. However, an offer to settle a matter may be permitted to prove a witness's bias or motive, or for some permissible purpose not precluded by CRE 408(a). CRE 408(b).

Similarly, under CRE 410, offers to plead guilty, nolo contendere, or guilty pleas that are later withdrawn are not admissible in any civil or criminal action. People v. Flores, 902 P.2d 417...