Legal Definitions - self-serving declaration

A self-serving declaration is a statement made by an individual that supports their own interests or position, often offered as evidence in a legal proceeding. In legal contexts, these statements are generally viewed with skepticism and are often not allowed as evidence if offered by the person who made them, especially if made outside of court. This is because such declarations are considered unreliable due to their inherent bias and the lack of opportunity for cross-examination at the time they were made. The law presumes that people are likely to say things that benefit themselves, making these statements less trustworthy as objective proof.

Here are some examples to illustrate this concept:

• Example 1: Criminal Defense

  Imagine a person, Alex, is accused of vandalism. A week after the alleged incident, Alex tells a friend, "I couldn't have done it; I was feeling sick and stayed home all day watching movies." If Alex's lawyer later tries to introduce this statement in court as proof of Alex's alibi, it would likely be considered a self-serving declaration. Alex made the statement to benefit their own defense, and it was made out of court without the opportunity for the prosecution to question its truthfulness at the time it was spoken. Therefore, it would generally be inadmissible as evidence of the truth of the matter asserted.

• Example 2: Contract Dispute

  Consider a business dispute between two partners, Ben and Chris, over the interpretation of a clause in their partnership agreement. Before the dispute escalated, Ben had mentioned to his assistant, "I always intended for that specific clause to cover situations exactly like the one we're facing now." If Ben attempts to present his assistant's testimony about this conversation in court to prove his original intent, it would be a self-serving declaration. Ben's statement to his assistant directly supports his preferred interpretation of the contract, and it was not made under oath or subject to immediate challenge, making it unreliable as objective evidence of the contract's true meaning.

• Example 3: Insurance Claim

  Sarah is involved in a car accident and files an insurance claim. Immediately after the collision, while waiting for the police, she calls her spouse and says, "It wasn't my fault at all; the other driver ran a red light and swerved right into me!" If Sarah later tries to use her spouse's testimony about this phone call in court to prove the other driver's fault, it would be deemed a self-serving declaration. Sarah's statement was made to her spouse, not under oath, and directly supports her position that she was not at fault, which would benefit her insurance claim. The court would view it as an unreliable attempt to introduce her own biased account of events.