Legal Definitions - declaration against interest

A declaration against interest is a statement made by someone who is not available to testify in court, but which, at the time it was made, was so harmful to their own financial, property, or legal standing that a reasonable person would only have made it if they believed it to be true.

This legal concept is an exception to the general rule against "hearsay," which typically prevents out-of-court statements from being used as evidence in court because they cannot be directly questioned for accuracy. The law allows declarations against interest because the act of admitting something that genuinely harms one's own position is considered a strong indicator of truthfulness. It's presumed that people generally do not make statements that expose them to financial loss, loss of property, or criminal prosecution unless those statements are true.

For a statement to qualify as a declaration against interest, several conditions must usually be met:

• The person who made the statement (the "declarant") must be unavailable to testify in court (e.g., due to death, illness, or being out of the court's jurisdiction).
• The statement must have been genuinely against the declarant's financial, property, or legal interests when it was made.
• In criminal cases, there often needs to be additional evidence that supports the trustworthiness of the statement.

Here are some examples illustrating how a declaration against interest might apply:

• Example 1: Financial Harm

  Imagine a situation where a business partner, Mr. Henderson, who has since passed away, told his accountant that he had secretly diverted funds from their joint company account into a personal offshore account. Later, the surviving partner discovers financial irregularities and sues Mr. Henderson's estate. The accountant could potentially testify about Mr. Henderson's admission.

  This illustrates a declaration against interest because Mr. Henderson's statement directly exposed him to significant financial liability and potential legal action from his business partner. Since he is unavailable to testify, and the statement was clearly against his financial interest at the time it was made, it carries a strong presumption of truthfulness.

• Example 2: Property Rights

  Consider a scenario where Ms. Chen, before moving permanently to another country and becoming unreachable, told her neighbor, Mr. Davis, that the old shed on her property actually encroached two feet onto Mr. Davis's land, despite what the property deeds might suggest. Years later, Mr. Davis decides to sell his property, and a survey reveals the encroachment, complicating the sale.

  This is a declaration against interest because Ms. Chen's statement admitted to a fact that would diminish her own property rights or create an obligation for her to move the shed, thereby harming her proprietary interest. Her unavailability and the self-incriminating nature of the statement make it potentially admissible as evidence of the true property line.

• Example 3: Criminal Liability

  Suppose a witness, Sarah, is on trial for arson. A friend of Sarah's, Mark, who has since fled the country and cannot be located, previously confessed to his sister that he was the one who set the fire, not Sarah. Mark's sister could potentially testify about this confession in Sarah's trial.

  This demonstrates a declaration against interest because Mark's statement directly exposed him to criminal prosecution for arson, a serious felony. Since Mark is unavailable, and his admission was clearly against his penal (criminal) interest, it would be considered highly trustworthy. In a criminal case like this, the court would also look for other corroborating evidence to ensure the statement's reliability.