A forfeiture by wrongdoing is defined under the Federal Rules of Evidence, as a statement made by a declarant that normally qualifies as hearsay and would therefore not be admissible can be admitted under the forfeiture by wrongdoing exception to the hearsay rule. Forfeiture by wrongdoing occurs when a party intentionally or wrongfully makes the declarant unavailable to testify. The party who wants hearsay evidence admitted under this exception must prove the opposing party’s wrongdoing by a preponderance of the evidence.
Forfeiture by wrongdoing is also an exception to the Sixth Amendment right of criminal defendants to confront the witnesses against them.
See e.g., Carlson v. Attorney General of California, 791 F.3d 1003 (2015); People v. Copney, 969 N.Y.S.2d 898, 41 Misc. 3d 250, 2013 N.Y. Slip Op. 23261 (N.Y. Sup. Ct. 2013)
[Last updated in May of 2023 by the Wex Definitions Team]
- Keywords