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A statement is exempted from the prohibition against hearsay by the co-conspirator hearsay exemption only if the evidence submitted to the trial court shows by a preponderance of the evidence that the maker of the statement and the party against whom the statement is offered were probably members of a conspiracy; the statement sought to be admitted must be shown to be, more probably than not, the statement of a co-conspirator of the party against whom the statement is offered.

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Contributed in 2009 & last edited in 2009 by Peter Tillers
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