Common Purpose Exception to Hearsay Rule (Co-conspirator’s exception) - National Judicial Institute

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Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

7.25 Common Purpose Exception to Hearsay Rule (Co-conspirator’s exception)

(Last revised March 2011)

[1] You have heard evidence of statements made out of court by: ((NOA1), (NOA2), other alleged co-conspirators, other alleged unindicted co-conspirators, or alleged participants in the common design). There are two general rules that apply to out-of-court statements.

[2] The two general rules are:

1. an out-of-court statement by anyone other than a person charged is not evidence of the truth of the statement; and

2. an out-of-court statement made by a person charged may be considered as evidence of the truth of the statement, but only in relation to that person.

[3] However, there are special rules that may apply to evidence of statements made out of court by: ((NOA1), (NOA2), other alleged co-conspirators, other alleged unindicted co-conspirators, or alleged participants in the common design). At the end of the trial I will give you a complete explanation of these rules.