Sec. 10-6. 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.

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

ther, 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

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)

(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

nds 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

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

promise, 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)

dence 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