Out-of-court statements made by a party to the case (in criminal cases), the defendant(s) are not considered to be hearsay as they are actually made by the defendant themselves. They fall into all but one of the following categories:

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Admissions by silence, adoptive admissions, and admissions by conduct are recognized categories where out-of-court statements can be exceptions to the hearsay rule when made by a party to the case, such as the defendant in criminal cases. These are considered as having been adopted or acknowledged by the party through their actions or lack of response in a situation where a response would be expected. However, "mental anguish" does not fall into a category related to admissions or exceptions to the hearsay rule. It pertains more to the emotional or psychological state of a person, which is not directly related to the concept of admissions as understood in legal contexts.

Out-Of-Court Statements Made by a Party to the Case (In