Chapter 3 - §7. Exception—Party's authorized admission

• Jurisdiction: United States

§7. Exception—Party's authorized admission

A person's out-of-court statement that is made under the authority of a party is considered the party's authorized admission and is admissible as an exception to the hearsay rule when offered by a party-opponent. Evid. C. §1222.

§7.1. Overview. The rationale for this exception is that once a party gives permission for the declarant to speak on the party's behalf, the out-of-court statement is treated as the party's own admission. See 7 Cal. Law Revision Comm'n Rep. (1965) p. 1224. An important distinction exists between adoptive admissions and authorized admissions. The foundational facts for adoptive admissions (i.e., the defendant heard and understood the incriminating statement, then manifested his belief in its truthfulness) occur after the declarant's statement. But the foundational facts for authorized admissions (i.e., the defendant gave the declarant the authority to speak for him on some matter) occur before the declarant's statement. See Simons, Expert Series: California Evidence Manual §2:29 (2021 ed.). Also, the defendant must be present when an adoptive admission occurs, but his presence is...