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However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
The rule excluding hearsay arises from a concern regarding the statement's reliability. Courts have four principal concerns with the reliability of witness statements: the witness may be lying (sincerity risk), the witness may have misunderstood the situation (narration risk), the witness's memory may be wrong (memory risk), and the witness's perception was inaccurate (perception risk). [8]
The Party Admission rule is nearly universal in the U.S. Many states follow the Federal Rules of Evidence, but some do not. Those states do not draw a distinction between "exemptions" and "exceptions." However, the party admission is still admissible under all of the same circumstances as in rule 801(d). [8]
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." [1] Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as ...
Rule 801 [12] - Evidence is hearsay if it constitutes a statement offered for its substantive truth and is not excluded from the definition of hearsay, unless it is an exception under rules 803, [13] 804 [14] or 807. [15] See also United States v. Rollins on the admissibility of computer generated records.
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.
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Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule" (5 U.S. Code § 801(b)(2)).