A party's own out-of-court statement offered against them is not hearsay under which rule?

• A. Rule 801(d)(1)
• B. Rule 801(d)(2)
• C. Rule 803 (1)
• D. Rule 802

Answer: (B)

The key idea is that admissions by an opposing party are not hearsay. Under Rule 801(d)(2), a statement made by a party and offered against that party is not hearsay because it is considered an admission by the party-opponent. This includes statements the party makes themselves or statements by someone authorized to speak for the party (an agent), and they can be used for their truth.

The other rules don’t fit this scenario: Rule 801(d)(1) deals with prior statements by a declarant who testifies at trial and is not the general rule for a party’s out-of-court statement offered against them. Rule 803 lists additional hearsay exceptions that apply after the statement is admitted as hearsay, not the exclusion that makes party admissions non-hearsay. Rule 802 is the general ban on hearsay with no exceptions.