212.Statements of a Party Opponent
A party may offer into evidence any oral or written statement made by
an opposing party outside the courtroom.
When you evaluate evidence of such a statement, you must consider
1. Do you believe that the party actually made the statement? If
you do not believe that the party made the statement, you may
not consider the statement at all.
2. If you believe that the statement was made, do you believe it was
You should view testimony about an oral statement made by a party
outside the courtroom with caution.
New September 2003
Directions for Use
Under Evidence Code section 403(c), the court must instruct the jury to disregard a
statement offered as evidence if it ﬁnds that the preliminary facts do not exist. For
adoptive admissions, see CACI No. 213, Adoptive Admissions.
Sources and Authority
• Determination of Preliminary Facts. Evidence Code section 403.
•Statements of Party. Evidence Code section 1220.
The Law Revision Commission comment to this section observes that “[t]he
rational underlying this exception is that the party cannot object to the lack of
the right to cross-examine the declarant since the party himself made the
• There is no requirement that the prior statement of a party must have been
against his or her interests when made in order to be admissible. Any prior
statement of a party may be offered against him or her in trial. (1 Witkin,
California Evidence (4th ed. 2000) Hearsay § 93.)
• The cautionary instruction regarding admissions is derived from common law,
formerly codiﬁed at Code of Civil Procedure section 2061. The repeal of this
section did not affect decisional law concerning the giving of the cautionary
instruction. (People v. Beagle (1972) 6 Cal.3d 441, 455, fn. 4 [99 Cal.Rptr. 313,
492 P.2d 1].)
• The purpose of the cautionary instruction has been stated as follows:
“Ordinarily there is strong reasoning behind the principle that a party’s
extrajudicial admissions or declarations against interest should be viewed with