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Federal Rule of Evidence 801 states: 'A statement is not hearsay if . . . the statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity . . . .' Fed. R. Evid. 801(d)(2)(A). Such a statement does not have to be inculpatory.
The courts that have addressed the issue have held that, in accordance with the language of Rule 801 (d)(2), the statement need only be made by the party against whom it is offered. See United States v. Turner, 995 F.2d 1357, 1363 (6th Cir.) ('On its face, Rule 801(d)(2) does not limit an admission to a statement against interest. Furthermore, this court has refused to place such a limited construction on the scope of an admission.'), cert. denied, 510 U.S. 904, 126 L. Ed. 2d 232, 114 S. Ct. 282 (1993); Marquis Theatre Corp. v. Condado Mini Cinema, 846 F.2d 86, 90 n.3 (1st Cir. 1988) (interpreting Rule 801(d)(2) on its face and rejecting the contention that admissions under Rule 801(d)(2) must be against interest either at the time the statement is made or at the time of trial); ...
