Evidence: Hearsay: Exceptions: Party Admissions

    • Party Admissions – A statement made by a party is admissible if it is offered against the party. The rationale is, “You say it, you’re stuck with it.” [Federal Rules exclude this from the definition of hearsay, so under FRE, this is called an “exclusion.” New York calls them “exceptions]
      • Vicarious Admissions – A statement by an agent or employee of a party, is admissible against the party (principal/employer) if it concerns a matter within the scope of the agency or employment and was made during the agency or employment.
        • Vicarious Admissions by Co-Conspirators: A statement of one co-conspirator is admissible against the other co-conspirators if the statement was made during and in furtherance of the conspiracy.