What are the rules for hearsay evidence in criminal cases?

In criminal cases, hearsay evidence is a statement made by a witness that is not based on the witness’s direct knowledge. In the state of Washington, the rules for hearsay evidence are governed by the Washington State Practice Evidence Code (see RCW 5.45.010). The Washington code specifically states that a witness cannot give hearsay testimony - meaning, they cannot give a statement they heard from someone else. The code further states that a statement made by someone which is meant to be offered as evidence in a criminal case must meet certain criteria in order to be considered admissible. This criteria includes: 1. If the statement was made by a person who is unavailable to testify in court; 2. If the statement was made by a person who is competent to testify and is being used to prove the truth of something stated or as circumstantial evidence; 3. If the statement was made by a person who is competent to testify and is used to prove the basis of an expert opinion; 4. If the statement was made by a person who is competent to testify and is used to explain a delay in reporting a crime; or 5. If the statement was made by a person who is competent to testify and is being used to prove the identity or characteristics of a person or thing. These criteria must all be met in order for the statement to be considered hearsay evidence and be admitted in a criminal case in the state of Washington.

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What are the rules for hearsay evidence in criminal cases?

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