CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Except. Requiring Unavail
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Exception: Decl. Against Interest
.........Types of Interests: Pecuniary/Proprietary
6 Cards On This Topic:
Statement against declarant's pecuniary or proprietary interest not inadmissible because of hearsay rule, provided declarant unavailable.
Decedent's declaration of relationship in previous estate administration matter re relative not named in will admissible as contrary to pecuniary interest.
Statement by deceased that he received entire consideration from company under K granting right to pollute stream admissible as declaration against interest.
Declarant must know statement is against proprietary interest in order for statement to be admissible.
Statement admitting indebtedness to another is declaration against interest.
Deceased's account book entries, in own handwriting, are admissible as declarations against his interest, even if not made at or near time of transactions.