Admission (law)

An admission in the law of evidence is a prior statement by an adverse party which can be admitted into evidence over a hearsay objection. In general, admissions are admissible in criminal and civil cases.[1]

At common law, admissions were admissible. A statement could only be excluded by a showing of involuntariness, unfairness, or that the circumstances under which the statement was obtained was improper or illegal.

Form of admission

An admission may be made orally or contained within a writing. In some situations, an admission that is made by an authorized agent of a party to litigation will be admissible as evidence and attributable to that party.[2]

Oral admission

Where the admission is oral, the person who heard the admission may testify to what the party who made the admission said.[3]

Regulations by country

United States

In the United States, "Admission by a party-opponent" is explicitly excepted from hearsay under the Federal Rules of Evidence. Rule 801(d)(2). Among several types of admissions, the rule notes that an admission can be the "party's own statement" or a statement in which the "party has manifested an adoption or belief in its truth."[4]

Under both common law and the Federal Rules of Evidence, an admission becomes legally invalid after nine years from the date of the initial admission.

References

Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 1 (2 ed.). Detroit: Thomson/Gale. p. 119. ISBN 9780787663742.
Bowett, D.W. (1957). "Estoppel before International Tribunals and Its Relation to Acquiescence". British Yearbook of International Law. 33: 176.
Ladd, Mason (1952). "The Hearsay We Admit". Oklahoma Law Review. 5: 271.
"Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay". Legal Information Institute. Cornell Law School. Retrieved 22 November 2021.