Not Hearsay Flashcards
A statement made by a party to the current litigation RULE
A statement made by a party to the current litigation is not hearsay if it is offered by an opposing party. In this case, the defendant’s statement to the witness was offered by the plaintiff.
Thus, the statement is an opposing party’s statement and not hearsay. It may be used both as substantive evidence to prove the defendant committed battery and to impeach the defendant.
Rule for when a statement is made to a police officer
A statement made by a party to the current litigation is not hearsay if it is offered by an opposing party, even though the statement is being offered to prove the truth of the matter asserted.
Consequently, the defendant’s statement to the police officer that the defendant shoved the victim before she fell down the stairs is admissible, even though if made by someone else, it would be inadmissible hearsay.
