Vicarious party-opponent statement (agent/employee)

FRE 801(d)(2)(D)

The rule

A statement by a party's agent or employee is non-hearsay when offered against the party if made on a matter within the scope of the agency or employment and while the relationship existed. No authorization to speak is required.

In plain English

Employees' statements about job-related matters bind the employer, even if the employee had no authority to speak publicly. The statement must concern something within the scope of the job and occur during employment — not after termination.

The trap

Confusing (D) with (C) — (C) requires authorization to speak; (D) does not, only that the topic be within the scope of duties.

How examiners test it

Truck driver, right after the crash, tells a bystander 'my brakes have been bad all week.' Offered against the employer trucking company.

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