Declarations against interest
- Declarations against interest
Declarations against interest are an exception to the rule on hearsay in which a person's statement may be used, where generally the content of the statement is so prejudicial to the person making it that they would not have made the statement unless they believed the statement was true. The Federal Rules of evidence limit the bases of prejudices to the declarant to tort and criminal liability. Some states, such as California, extend the prejudice to "hatred, ridicule, or social disgrace in the community."
A declaration against interest differs from a party admission because here the declarant does not have to be a party to the case, but must have a basis for knowing that the statement is true. Furthermore, evidence of the statement will only be admissible if the declarant is unavailable to testify.
For example, California's Evidence Code [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=01001-02000&file=1230 Section 1230] defines "Declarations against interest" as Cquote|Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and the statement, when made, was so far contrary to the declarant's pecuniary or proprietary interest, or so far subjected him to the risk of civil or criminal liability, or so far tended to render invalid a claim by him against another, or created such a risk of making him an object of hatred, ridicule, or social disgrace in the community, that a reasonable man in his position would not have made the statement unless he believed it to be true.
Wikimedia Foundation.
2010.
Look at other dictionaries:
against interest — Commonly used to describe a declaration or admission by one, the content of which is adverse to his position, interest or title; e.g., an exception to hearsay rule is a declaration by one against his pecuniary or proprietary interest at the time… … Black's law dictionary
against interest — Commonly used to describe a declaration or admission by one, the content of which is adverse to his position, interest or title; e.g., an exception to hearsay rule is a declaration by one against his pecuniary or proprietary interest at the time… … Black's law dictionary
Declaration against interest — Evidence Part of th … Wikipedia
declaration against interest — see declaration 2c Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. declaration against interest … Law dictionary
Discrimination against atheists — Freedom of religion Concepts … Wikipedia
declaration — In common law pleading, the first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause or action. It commonly comprises several… … Black's law dictionary
declaration — In common law pleading, the first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause or action. It commonly comprises several… … Black's law dictionary
Hearsay in United States law — Hearsay is the legal term that describes statements made outside of court or other judicial proceedings. Unless one of about thirty [cite web |title= Hearsay Evidence |url=http://criminal.findlaw.com/crimes/more criminal topics/evidence… … Wikipedia
Declaration (law) — In law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the… … Wikipedia
Outline of evidence law in the United States — The following outline of evidence law in the United States sets forth the areas of contention that generally arise in the presentation of evidence in trial proceedings. Contents 1 Relevance 2 Types of evidence 3 Judicial notice … Wikipedia
