Admissions of a Party

The contents of a writing, recording or photo- graph may be proved by the admission of a party against whom it is offered that relates to the con- tents of the writing, recording or photograph. COMMENTARY Section 10-6 recognizes the exception to the best evidence rule for admissions of a party relating to the contents of a writing when offered against the party to prove the contents thereof. Morey v. Hoyt, 62 Conn. 542, 557, 26 A. 127 (1893). Section 10-6 extends the exception to recordings and photo- graphs in conformity with other provisions of this Article. 50 Connecticut Code of Evidence INDEX ADMISSIBILITY See also HEARSAY Authentication as condition precedent 9-1 Business entries and photographic copies 8-4 Hearsay rule exceptions Declarant availability immaterial 8-3 Declarant availability required 8-5 Declarant unavailability required 8-6 Limited admissibility, generally 1-4 Preliminary questions concerning 1-3 AFFIRMATION OR OATH OF WITNESS 6-2 ANCIENT DOCUMENTS Authentication 9-2 Hearsay exception for statements in 8-3 (9) APPLICABILITY OF CODE Generally 1-1 (b) Inapplicability 1-1 (d) Rules of privilege 1-1 (c) ATTORNEY-CLIENT PRIVILEGE 5-2 AUTHENTICATION Ancient documents 9-2 As condition precedent to admissibility 9-1 Attesting witness, testimony of 9-4 Business Entries 9-3A Public records 9-3 Subscribing witness, testimony of 9-4 BUSINESS ENTRIES Admissibility 8-4 Authentication 9-3A CHARACTER EVIDENCE Generally 4-4 (a) Accused, character of the 4-4 (a) (1) Crimes, evidence of other, admissibility and inadmissibility 4-5 (a) and (c) Sexual misconduct, evidence of other 4-5 (b) Habit 4-6 Methods of proof 4-4 (b) Routine practice 4-6 Specific instances of conduct 4-4 (c), 4-5 (d) Third-party culpability defense, to support 4-4 (a) (4) Truthfulness or untruthfulness, character of witness for 4-4 (a) (3) Victim of homicide or criminal assault, character of the 4-4 (a) (2) COMMON LAW In absence of rule in code 1-2 Presumptions 3-1 COMPETENCY OF WITNESSES, generally 6-1 Incompetencies 6-3 COMPROMISE, OFFERS TO Admissibility generally and exceptions 4-8 CONSTANCY OF ACCUSATION Sexual assault victim 6-11 CONSTRUCTION OF CODE 1-2 51 COPIES See also ELECTRONICALLY STORED INFORMATION Photographic, admissibility 8-4 Photographs, recordings, writings 10-2 CROSS-EXAMINATION Scope and subsequent examinations 6-8 (a) DOCUMENTS See ANCIENT DOCUMENTS, AUTHENTICATION, HEARSAY, WRITINGS ELECTRONICALLY STORED INFORMATION Authentication, requirement of 9-1 Business entries, admissibility 8-4 Original 10-1 Writing, includes 1-2 (c) EXPERT AND OPINION TESTIMONY Basis or foundation 7-4 (a) and (b) Hypothetical questions 7-4 (c) Mental state of criminal defendant 7-3 (b) Scientific evidence 7-2 Ultimate issue 7-3 (a) FOUNDATION Expert testimony 7-4 HEARSAY Generally 8-2 (a) Business entries and photographic copies, admissibility 8-4 Confrontation, testimonial statements and constitutional right of 8-2 (b) Definitions 8-1 Exceptions Declarant availability immaterial 8-3 Ancient document, statement in 8-3 (9) Family bible, statement in 8-3 (11) Learned treatise, statement in 8-3 (8) Medical diagnosis or treatment, statement made to obtain 8-3 (5) Mental or emotional condition then-existing, statement of 8-3 (4) Party opponent, statement by 8-3 (1) Personal identification 8-3 (12) Physical condition then-existing, statement of 8-3 (3) Public records and reports 8-3 (7) Published compilations 8-3 (10) Recorded recollection 8-3 (6) Spontaneous utterance 8-3 (2) Statement to obtain medical diagnosis or treatment 8- 3 (5) Declarant availability required 8-5 Identification of person 8-5 (2) Prior inconsistent statement 8-5 (1) Declarant unavailability required 8-6 Ancient private boundaries, statement concerning 8- 6 (5) Civil interest, statement against 8-6 (3) Dying declaration 8-6 (2) Forfeiture by wrongdoing 8-6 (8) Former testimony 8-6 (1) Pedigree and family relationships, statement of 8-6 (7) HEARSAY — (Cont) Penal interest, statement against 8-6 (4) Reputation of past generation 8-6 (6) Hearsay within hearsay 8-7 Impeaching and supporting credibility of declarant 8-8 Residual exception 8-9 Tender years 8-10 HYPOTHETICAL QUESTIONS Expert witness 7-4 IMPEACHMENT OF WITNESSES 6-4 Bias, prejudice or interest 6-5 Character and conduct of witness 6-6 Conviction of crime 6-7 Hearsay declarant, impeaching and supporting credibility of 8-8 Prior consistent statements to rebut impeachment 6-11 Prior inconsistent statements 6-10 INCONSISTENT STATEMENTS OF WITNESSES, PRIOR 6-10 As exception to hearsay rule 8-5 INSURANCE Inadmissibility of evidence concerning and exception 4-10 JUDICIAL NOTICE Adjudicative facts, limitation of code to 2-1 (a) Kinds of facts subject to 2-1 (c) Notice to parties and opportunity to be heard 2-2 When allowed 2-1 (d) LEADING QUESTIONS 6-8 (b) LIABILITY INSURANCE Inadmissibility of evidence concerning and exception 4-10 MARITAL PRIVILEGE 5-3 MEDICAL EXPENSES Payment or offer to pay, admissibility 4-9 MEMORY Refreshment by use of object or writing 6-9 OATH OR AFFIRMATION OF WITNESS 6-2 OFFERS TO COMPROMISE Admissibility generally and exceptions 4-8 OPINIONS Expert witnesses Basis and foundation 7-4 (a) and (b) Hypothetical questions 7-4 (c) Mental state of criminal defendant 7-3 (b) Scientific evidence 7-2 Ultimate issue 7-3 (a) Lay witnesses 7-1 PHOTOGRAPHIC COPIES Admissibility 8-4 PHOTOGRAPHS Contents, proving 10-1 Admission of party, proof by 10-6 Copies, admissibility of 10-2 Original not required, where 10-3 Summary of contents 10-5 PLEAS, PLEA DISCUSSIONS AND RELATED STATE- MENTS Admissibility generally, and exceptions 4-8A 52 PRESUMPTIONS 3-1 PRIVILEGES Applicability, 1-1 (c) Attorney-client 5-2 Generally 5-1 Marital 5-3 PUBLIC RECORDS As exception to hearsay rule 8-3 (7) Authentication 9-3 Proving contents 10-4 PURPOSES OF CODE 1-2 RECORDINGS Contents, proving 10-1 Admission of party, proof by 10-6 Copies, admissibility 10-2 Original not required, where 10-3 Summaries of contents 10-5 REFRESHMENT OF MEMORY By use of object or writing 6-9 RELEVANCY Admissibility of relevant evidence 4-2 Character evidence, general rules and exceptions 4-4 Crimes or wrongs, evidence of other 4-5 Sexual misconduct, evidence of other, to prove propensity 4-5 (b) Compromise, offers to 4-8 Conditioned on fact 1-3(b) Definition of relevant evidence 4-1 Exclusion, grounds for 4-3 Habit, routine practice 4-6 Liability insurance 4-10 Medical and similar expenses, payment of 4-9 Pleas, plea discussions and related statements 4-8A Remedial measures, subsequent 4-7 Sexual behavior, admissibility in civil proceedings involving alleged sexual misconduct 4-12 Sexual conduct, admissibility in sexual assault prosecution 4-11 REMEDIAL MEASURES, SUBSEQUENT Generally 4-7 (a) Strict product liability of goods 4-7 (b) SCIENTIFIC EVIDENCE Expert witness testimony 7-2 SEXUAL CONDUCT Admissibility in civil proceedings involving alleged sexual misconduct 4-12 Admissibility in sexual assault prosecution 4-11 Admissibility of other sexual misconduct to prove propensity 4-5 (b) STATEMENTS Consistent, prior, to rebut impeachment 6-11 Inconsistent, prior, for impeachment 6-10 Medical diagnosis or treatment, hearsay exception for state- ments made to obtain 8-3 (5) Remainder, contemporaneous introduction by proponent 1- 5 (a) Remainder, introduction by other party 1-5 (b) SUBSEQUENT REMEDIAL MEASURES Generally 4-7 (a) Strict product liability of goods 4-7 (b) TESTIMONY See EXPERT AND OPINION TESTIMONY, HEAR- SAY, WITNESSES WITNESSES Affirmation or oath required 6-2 Competency, generally 6-1 Constancy of accusation, sexual assault victim 6-11 Cross-examination, scope and subsequent examinations 6-8 Expert witnesses Opinions Basis and foundation 7-4 (a) and (b) Hypothetical questions 7-4 (c) Mental state of criminal defendant 7-3 (b) Scientific evidence 7-2 Ultimate issue 7-3 (a) Impeachment Bias, prejudice or interest 6-5 By whom allowed 6-4 Character and conduct of witness 6-6 Consistent prior statements to rebut impeachment 6-11 Conviction of crime 6-7 Inconsistent prior statements 6-10 Incompetencies 6-3 Leading questions 6-8 (b) Oath or affirmation required 6-2 Opinions Expert witnesses Basis and foundation 7-4 (a) and (b) Hypothetical questions 7-4 (c) Mental state of criminal defendant 7-3 (b) Scientific evidence 7-2 Ultimate issue 7-3 (a) Lay witnesses 7-1 Refreshment of memory with object or writing 6-9 WRITINGS Contents, proving 10-1 Admission of party, proof by 10-6 Copies, admissibility 10-2 Electronically stored information, includes 1-2 (c) Original not required, where 10-3 Public records, proof of contents 10-4 Summaries of 10-5 53