Quick Evidence Question Forum

[transfer2014]

Is whether a statement is adopted as an adopted admission a FRE 104(a) or a 104(b) question?

[DocHawkeye]

Make it stop!

[OneMoreLawHopeful]

I had a case in my casebook where the 7th circuit said it was a 104(b) question.

I suspect that in most cases it will have to be a 104(b) question as adoptive admissions usually look something like:

Person A: Hey don't you own the same model of gun that the victim was shot with?
Person B: *nods

In this instance you would need to present facts such that a jury could reasonably infer that it was not just the same model of gun, but rather the exact same gun that the victim was shot with. This would put it in 104(b) territory.

[ph14]

Is whether a statement is adopted as an adopted admission a FRE 104(a) or a 104(b) question?

I think it is a FRE 104(a) question.