Rule 801(d)(2) excludes from hearsay statements offered against a party that were made by the party, adopted by it, or made by its agent or employee on a matter within the scope of the relationship.
Personal knowledge is not required.
Alternative Names:
Party Admission|Statement of a Party-Opponent
Why it Matters?
The agent and employee provision reaches statements by any employee on a matter within the scope of employment, which is broader than most parties expect and captures informal remarks by personnel who lacked authority to bind the company. Training employees that statements about work matters are admissible against the employer is a practical control. Adoptive admissions through silence require circumstances where a response would naturally be expected.
Frequently Confused with
Related terms
Frequently asked questions
How broad is the employee statement provision?
Is personal knowledge required?
