Hearsay and its exceptions in Washington

ER 803 — Hearsay Exceptions; Availability of Declarant Immaterial

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

ER 803 HEARSAY EXCEPTIONS; AVAILABILITY OF DECLARANT IMMATERIAL (a) Specific Exceptions. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present Sense Impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. (2) Excited Utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. (3) Then Existing Mental, Emotional, or Physical Condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will. (4) Statements for Purposes of Medical Diagnosis or Treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. (5) Recorded Recollection. A memorandum or record concerning a matter about which…

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ER 803 — Hearsay Exceptions; Availability of Declarant Immaterial

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(23) Judgment as to Personal, Family, or General History, or Boundaries. Judgments as proof of matters of personal, family, or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation. (b) Other Exceptions. [Reserved.] [Amended effective September 1, 1992; January 1, 2023.] Comment 803 [Deleted effective September 1, 2006.]

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ER 804 — Hearsay Exceptions; Declarant Unavailable

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(6) Forfeiture by wrongdoing. A statement offered against a party that has engaged directly or indirectly in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. [Adopted effective April 2, 1979; Amended effective September 1, 1992; September 1, 2013.] Comment 804 [Deleted effective September 1, 2006.]

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Fed. R. Evid. 803 — Exceptions to the Rule Against Hearsay

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. (2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. (3) Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will. (4) Statement Made for Medical Diagnosis or Treatment. A statement that: (A) is made for — and is reasonably pertinent to — medical diagnosis or treatment; and (B) describes medical history; past or present symptoms or sensations; their inception; or their general cause. (5) Recorded Recollection. A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; (B) was made or adopted by the witness when the matter was fresh in the witness’s memory; and (C) accurately reflects the witness’s knowl…

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