An admission in the
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
of
evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
is a prior statement by an
adverse party which can be admitted into evidence over a
hearsay
Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, inadmissible (the "hearsay evidence rule") unless an exception ...
objection. In general, admissions are admissible in
criminal
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
and
civil cases.
At
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, 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.
Oral admission
Where the admission is oral, the person who heard the admission may testify to what the party who made the admission said.
Documental admission
Where the admission is in the form of a written record or document, and evidence is offered to prove the contents of the written record, the best evidence rule applies to require that an original document must be used in evidence unless it is unavailable. This rule, however, only applies when evidence is offered to prove its contents.
Regulations by country
United States
In the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, "
Admission by a party-opponent" is explicitly excepted from hearsay under the
Federal Rules of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...
. 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."
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
See also
*
Corroboration in Scots law
*
Confession (law)
Evidence law
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