---
title: "Statement Against Interest (FRE 804b3)"
type: Legal Rule
source: https://casebriefly.com/legal-rules/statement-against-interest-fre-804b3
---

# Statement Against Interest (FRE 804b3)

A statement that was against the declarant's proprietary, pecuniary, or penal interest at the time it was made is admissible when the declarant is unavailable. The statement must be so far contrary to the declarant's interest that a reasonable person would not have made it unless true.

## Definition

Federal Rule of Evidence 804(b)(3) provides a hearsay exception for statements against interest. The exception admits statements that, when made, were so far contrary to the declarant's proprietary, pecuniary, or penal interest, or so far tended to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability, that a reasonable person in the declarant's position would not have made the statement unless they believed it to be true. The declarant must be unavailable as a witness.

The rationale is straightforward: people generally do not make statements that are significantly against their own interests unless the statements are true. The self-serving nature of most false statements makes a genuinely self-harming statement inherently more trustworthy. The exception recognizes three types of interests: proprietary (relating to property), pecuniary (relating to money), and penal (relating to criminal liability).

The penal interest category raises special concerns, particularly in criminal cases. When a statement against penal interest is offered to exculpate the accused, the statement must be supported by corroborating circumstances that clearly indicate its trustworthiness. This corroboration requirement was added because of the risk that third parties might fabricate confessions to help a defendant. Courts apply a context-specific analysis, examining each portion of a broader statement to determine which parts are truly against interest and which are self-serving or neutral. The Supreme Court in Williamson v. United States held that the exception covers only those specific declarations within a broader narrative that are individually self-inculpatory — not the entire narrative if parts of it shift blame to others.

## Elements

- The declarant is unavailable as a witness (FRE 804(a))
- The statement was against the declarant's proprietary, pecuniary, or penal interest when made
- A reasonable person in the declarant's position would not have made the statement unless they believed it to be true
- If offered in a criminal case to exculpate the accused, corroborating circumstances must clearly indicate trustworthiness
- Each portion of the statement must be individually assessed to determine whether it is against interest

## Key Case

Williamson v. United States, 512 U.S. 594 (1994)

## Landmark Cases

| Name | Citation | Significance |
| --- | --- | --- |
| Williamson v. United States | 512 U.S. 594 (1994) | Held that the exception applies only to individual self-inculpatory statements within a broader narrative, not to the entire declaration — portions that shift blame or are neutral are not admissible under 804(b)(3). |
| United States v. Chang | 999 F.2d 1112 (7th Cir. 1993) | Addressed the corroboration requirement for statements against penal interest offered to exculpate the accused, discussing what constitutes sufficient corroborating circumstances. |
| Sussex Peerage Case | 11 Cl. & Fin. 85 (H.L. 1844) | Historic English case establishing the common law foundation for the statement against interest exception, originally limited to declarations against pecuniary or proprietary interest. |

## Exam Tips

- Do NOT confuse statements against interest (FRE 804(b)(3)) with party admissions (FRE 801(d)(2)) — they have different requirements. Statements against interest require unavailability and must be genuinely against interest; party admissions require neither.
- Apply the Williamson rule: parse multi-statement narratives and evaluate each statement individually. Portions that blame others or are self-serving are not admissible under this exception.
- Remember the corroboration requirement for exculpatory use in criminal cases — if the defense offers a third party's confession, there must be corroborating circumstances indicating trustworthiness.
- The interest must be evaluated at the time the statement was made, not in hindsight.

## Common Mistakes

- Confusing statements against interest with party admissions — party admissions (801(d)(2)) do not require that the statement be against interest or that the declarant be unavailable.
- Admitting an entire narrative as a statement against interest when only parts are self-inculpatory — under Williamson, each statement must be individually evaluated.
- Forgetting the corroboration requirement when the statement is offered to exculpate the accused in a criminal case.

## Mnemonic Or Memory Aid

Against Interest = 'Why would I lie to hurt myself?' The statement must be so damaging to the declarant that only truth would motivate it.

## Related Rules

- hearsay-rule-and-definition-fre-801
- dying-declaration-fre-804b2
- former-testimony-fre-804b1
- confrontation-clause-crawford-doctrine

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Source: [Statement Against Interest (FRE 804b3) — CaseBriefly](https://casebriefly.com/legal-rules/statement-against-interest-fre-804b3)