Commercial Litigation and Arbitration

Party Admissions Need Not Otherwise Satisfy Rule 701 or 702

Admissions of a party fall within the hearsay exception of 801(d)(2) and may be admitted even though they would not otherwise satisfy Rule 701 or 702. Aliotta v. Nat’l Railroad Passenger Corp., 315 F. 3d 756, 761 (7th Cir. 2003) (testimony that was barred under Fed.R.Evid. 702 because it was scientific but unreliable can be admissible under Rule 801(d)(2) because Rule 801(d)(2) admissions are not subject to Daubert and Rule 702); Grace United Methodist Church v. City of Cheyenne, 451 F.3d 643, 667 (10th Cir. 2006) (the admissibility of party admissions is not based on the trustworthiness of the statements, but rather on an estoppel or waiver theory) (admission arguably inadmissible under Rule 701).

Share this article:


Recent Posts