Statements made by a party to a legal action do not constitute hearsay under the rationale that it should satisfy the trustworthiness concern, because the party can explain it if she chooses.

Question

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Statements made by a party to a legal action, when offered against that party, are not considered hearsay under the Federal Rules of Evidence (Rule 801(d)(2)). This is because the party has the opportunity to take the stand and explain or rebut the statement, thus addressing the concern of trustworthiness.

Statements Made by a Party to a Legal Action Do