A statement against interest is a declaration made by a person that could expose them to civil or criminal liability. Such statements are considered reliable because a reasonable person would not make them unless they believed them to be true. For example, if someone involved in a car accident apologizes, that apology can be seen as an admission of liability, making it a statement against interest.
Statements against interest are often used in both civil and criminal law. They can play a crucial role in legal proceedings by providing evidence that may support or undermine a party's claims. In many cases, these statements may be included in legal documents or forms, which users can manage themselves using templates from US Legal Forms.
Here are a couple of examples of abatement:
1. A driver involved in a collision admits to being at fault in a conversation with the other party. This admission can be used as evidence of liability in court.
2. A business owner acknowledges that they failed to pay taxes owed during a discussion with an accountant. This statement could lead to legal repercussions and is considered a statement against interest.
Pursuant to Wis. Stat. § 908.045 (4), a statement against interest is defined as one that is contrary to the declarant's financial or legal interests, and is trustworthy enough to be admissible in court. Additionally, the USCS Fed Rules Evid R 804(b)(3) outlines the criteria for such statements in federal cases.
| State | Key Differences |
|---|---|
| Wisconsin | Admissibility of statements against interest is governed by specific statutory provisions. |
| California | Statements against interest must be corroborated to be admissible in criminal cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Admission | Acknowledgment of truth regarding a fact. | Admissions can be made without the same legal implications as statements against interest. |
| Confession | A formal statement admitting guilt. | Confessions typically relate specifically to criminal liability, while statements against interest can apply to various contexts. |
If you find yourself in a situation where a statement against interest may apply, consider the following steps:
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It is a statement made by a person that could expose them to civil or criminal liability, and is considered reliable because it is contrary to their interest.