Admission by Party-Opponent

An admission by a party-opponent is a statement by a party to a lawsuit, or by its employees or agents on matters within their job, that the other side offers as evidence. It is not barred by the hearsay rule, which is why a company's own letters and memos can be used against it in asbestos cases.

Origin

The common law long allowed a party's own words to be used against it. Federal Rule of Evidence 801(d)(2), adopted in 1975, defines such statements as not hearsay; the 2011 restyling of the rules renamed the category an 'opposing party's statement.' States have their own versions.

Significance in Asbestos Context

This rule is central to asbestos litigation. Internal company correspondence, meeting minutes, medical department reports and statements by executives can all be offered as the company's own admissions. They can show what the company knew about asbestos hazards and when, and what it decided about warnings. The statement does not need to be against the company's interest when made; it only needs to be the company's own statement or one by an agent acting within the scope of the job. Questions can arise over whose statements count, for example whether statements by a predecessor company bind a successor, or whether a trade association's statements bind its members. Defendants may also argue that a document is taken out of context, which goes to its weight.

Example Sentence

The 1966 memo from the company's medical director, offered as an admission by a party-opponent, showed the company knew of disease among its own workers.

Related Terms

Hearsay Exception, Corporate Knowledge, Vandiver Brown Communications, Ancient Documents Rule, Successor Liability, Authentication

Notes

• Statements you make about your own case can also be used as admissions; be careful about what you post or write.
• Answer questions in depositions and forms carefully and truthfully; your answers may be read to a jury.