If you have a case in Washington—whether criminal, civil, or family law—you may hear the word “hearsay.” Hearsay can determine what evidence a judge or jury is allowed to consider, and understanding it can make a major difference in your case.
At Althauser Rayan Abbarno, our experienced trial attorneys explain how hearsay works, when it applies, and how to protect your rights in court.
What Is Hearsay?
Under the Washington Rules of Evidence (ER 801), hearsay is defined as:
“A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”
In simple terms, hearsay is when someone tries to introduce an out-of-court statement to prove that the statement is true.
📌 Example: “My friend told me he saw the accident happen.”
This is hearsay because the person testifying is repeating what someone else said.
General Rule on Hearsay (ER 802)
The rule is straightforward: hearsay is not admissible in Washington courts unless a specific exception applies.
Common Hearsay Exceptions
The Washington Evidence Rules outline several exceptions where hearsay may be allowed, including:
- Excited utterances – statements made during or immediately after a startling event
- Statements for medical diagnosis or treatment
- Business and public records
- Dying declarations
- Admissions by a party opponent
These exceptions are found in ER 803 and ER 804, with additional guidance in ER 805–807.
Hearsay in Criminal vs. Civil Cases
The hearsay rules apply in both criminal and civil cases, but there is an important difference:
- Criminal cases: The Confrontation Clause of the Sixth Amendment gives defendants the right to confront and cross-examine witnesses. That means some hearsay that might be admissible in a civil case may be excluded in a criminal case.
- Civil cases: Hearsay objections still apply, but there is no constitutional confrontation requirement.
Does Hearsay Apply in Family Law Cases?
Yes. Family law cases—such as divorce, custody, and child support—are civil cases, so the hearsay rules apply.
This means that parts of declarations, affidavits, or testimony containing hearsay can be challenged and possibly excluded. However, in temporary hearings or emergencies, judges sometimes use discretion to consider evidence that would not normally be admitted at trial.
In cases involving children, Washington law also allows special hearsay exceptions for child statements, especially in situations involving alleged abuse.
Where to Find Washington’s Hearsay Rules
The rules that govern hearsay in Washington include:
- Washington Rules of Evidence (ER 801–807) – definitions, general rule, and exceptions
- Washington Criminal Rules (CrR, CrRLJ) – some preliminary hearings allow hearsay evidence
- Washington statutes – additional rules for child abuse, domestic violence, and dependency cases
👉 You can review the full Washington Rules of Evidence on the Washington Courts website.
Why Hearsay Matters to Your Case
Hearsay can make or break your case. If improper hearsay is admitted, it can unfairly influence the judge or jury. On the other hand, the right hearsay exception can ensure important evidence is considered.
That’s why it’s essential to have an attorney who can:
- Object to improper hearsay
- Argue for or against exceptions
- Protect your rights in criminal, civil, and family law cases
Talk to an Experienced Washington Attorney
The rules of evidence are complicated, but you don’t have to face them alone. At Althauser Rayan Abbarno, our attorneys have decades of courtroom experience in:
✅ Personal injury and car accident claims (Free consultations)
✅ Workers’ compensation and workplace injuries (Free consultations)
✅ Criminal defense and DUI cases (Free consultations)
✅ Family law matters, including custody and divorce
✅ Consultations available in Spanish
Contact Althauser Rayan Abbarno Today
📞 Call (360) 736-1301
🌐 Visit us at CentraliaLaw.com
Let our team of trial attorneys guide you through the Washington court system and make sure your rights are protected.
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