CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......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.