1) A person's, in particular a party's, statement acknowledging that a certain fact is true or silence after another party's assertion of a fact that, if false, would typically elicit a denial. 2) Admission by a party-opponent: an out-of-court statement by a party that is against the party's interest and that is admissible against the party, because admissions by party-opponents are not considered hearsay.
See, e.g. Rawlings v. Kentucky, 448 U.S. 98 (1980).
Definition from Nolo’s Plain-English Law Dictionary
1) One side's statement that certain facts are true, or failure to respond to certain allegations, in response to a request from the other side during pretrial discovery. 2) An out-of-court statement by an adverse party that is against the interest of the party who said it, offered into evidence as an exception to the hearsay rule. Compare: declaration against interest
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm