Under the FRE, how is a party-opponent statement treated for hearsay purposes?

• A. They are hearsay and inadmissible
• B. They are non-hearsay and admissible against the party
• C. They require separate evidence to be admitted
• D. They cannot be used if the party denies the truth

Answer: (B)

Party-opponent statements are treated as non-hearsay under the FRE. This means a statement made by a party to the case (or by that party’s agent or co-conspirator in furtherance of the matter) is admissible against the party opponent for the truth of what it asserts, even though it would ordinarily be hearsay if offered by someone else. The statement is admitted as an admission of the party, binding them regardless of whether they deny the truth. In short, it’s not hearsay and can be used against the party who made the statement.