Evidence and Admissibility
Hearsay
The exception requires declarant unavailability and a statement contrary to pecuniary, proprietary, or penal interest at the time made. It differs from an opposing party statement, which requires no unavailability.
Corroboration is required for statements exposing criminal liability.
Alternative Names:
Declaration Against Interest|Rule 804(b)(3)
Why it Matters?
Unavailability is the requirement that distinguishes this exception from party admissions and defeats most attempted uses, since a declarant who can be called does not qualify. The statement must also have been against interest when made rather than in hindsight. Non-party witnesses whose statements harm their own employer or expose them to liability are the productive application in civil defense work.
Frequently Confused with
Related terms
Frequently asked questions
How does this differ from a party admission?
When must the statement be against interest?
