Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admissions
An admission is an exception to the rule against hearsay. It is an act or declaration of a party or his agent which constitutes evidence against the party at trial. As a general rule, any declaration or conduct of a party or his agent, oral or written that is inconsistent with that party’s position at trial is admissible at trial as an admission.[1]
In the case of an admission, no foundation is necessary, and the evidence is admissible whether the witness or the party made it testifies at trial.[2]
An admission is received as evidence of the facts admitted.[3]
Formal judicial admissions take the place of evidence and are concessions, for the purposes of the litigation, of the truth of a fact alleged by an adversary.[4]
A pleading is a formal judicial admission.[5]
An informal judicial admission is facts incidentally admitted during the trial or in some other judicial proceeding, as in statements made by a party as a witness, or contained in a deposition.[6] These are not conclusive, being merely evidence of the fact or facts admitted. [7]
An example of an informal judicial admission is a party’s statement of net worth.[8]
[1] Read v Mc Cord 160 NY 330. Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-201
[2] Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-205.
[3] Matter of MNORX (Ross), 46NY2d 985); Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-202.
[4] See Prince, Richardson on Evidence § 8-215 [Farrell 11th Ed]).
[5] Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-214
[6] Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-219, People v Rivera, 45 NY2d 989.
[7] See Prince, Richardson on Evidence § 8-219 [Farrell 11th Ed]; Wheeler v Citizens Telecom. Co. of New York, Inc., 18 AD3d 1002, 1005 [3d Dept 2005].
[8] Fassett v Fassett, 101 App Div 2d 604,475 NYS2d 154 (3 Dept 1984) (valuation in statement of net worth of husband is an informal judicial admission).
An admission is an exception to the rule against hearsay. It is an act or declaration of a party or his agent which constitutes evidence against the party at trial. As a general rule, any declaration or conduct of a party or his agent, oral or written that is inconsistent with that party’s position at trial is admissible at trial as an admission.[1]
In the case of an admission, no foundation is necessary, and the evidence is admissible whether the witness or the party made it testifies at trial.[2]
An admission is received as evidence of the facts admitted.[3]
Formal judicial admissions take the place of evidence and are concessions, for the purposes of the litigation, of the truth of a fact alleged by an adversary.[4]
A pleading is a formal judicial admission.[5]
An informal judicial admission is facts incidentally admitted during the trial or in some other judicial proceeding, as in statements made by a party as a witness, or contained in a deposition.[6] These are not conclusive, being merely evidence of the fact or facts admitted. [7]
An example of an informal judicial admission is a party’s statement of net worth.[8]
[1] Read v Mc Cord 160 NY 330. Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-201
[2] Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-205.
[3] Matter of MNORX (Ross), 46NY2d 985); Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-202.
[4] See Prince, Richardson on Evidence § 8-215 [Farrell 11th Ed]).
[5] Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-214
[6] Prince, Richardson on Evidence, 11th Edition (Farrell), § 8-219, People v Rivera, 45 NY2d 989.
[7] See Prince, Richardson on Evidence § 8-219 [Farrell 11th Ed]; Wheeler v Citizens Telecom. Co. of New York, Inc., 18 AD3d 1002, 1005 [3d Dept 2005].
[8] Fassett v Fassett, 101 App Div 2d 604,475 NYS2d 154 (3 Dept 1984) (valuation in statement of net worth of husband is an informal judicial admission).
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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