Bridges v. Clark, 59 A.3d 978 (2013)

Citation: Bridges v. Clark, 59 A.3d 978 (2013)
Parent Document: Bridges v. Clark, 59 A.3d 978 (2013)
Jurisdiction: DC (municipal)
Effective Date: 2013-01-24
Original Source: https://www.courtlistener.com/opinion/5146099/bridges-v-clark/ ↗

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Third, Mr. Clark argues that the Love affidavit should not be considered admissible as an adoptive admission because the affidavit required a foundation and clarification through direct testimony and cross-examination. To the contrary, party admissions “do not require foundations to be admissible as substantive evidence.” Harris, 834 A.2d at 116 (quoting In re M.D., 758 A.2d 27, 32 (D.C.2000)); Chaabi, 544 A.2d at 1248. Similarly, an admission of a party opponent may not be excluded simply because the opposing party might wish to clarify the admission through further testimony. See Harris, 834 A.2d at 116 (“[o]ne rationale for this generous treatment of party admissions is a party’s ability to rebut the out-of-court statement by putting himself on the stand and explaining his former assertion”) (internal citation and quotation marks omitted); Chaabi, 544 A.2d at 1248-49 (“the party will have ample opportunity for denial or explanation after the inconsistent statement is proved”) (internal quotation marks omitted).

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