ER 804 addresses the specific situations where hearsay can be admitted as evidence in Washington State when the declarant is unavailable. This rule defines “unavailability” and outlines key exceptions that allow hearsay statements to be used in court despite the absence of the witness. Understanding these exceptions is critical for ensuring that reliable evidence is presented in legal proceedings.

1. Former Testimony: Testimony given in a previous hearing or deposition can be used if the party against whom it is offered had an opportunity to cross-examine the witness.
2. Statement Under Belief of Impending Death: In homicide cases or civil proceedings, statements made by a person who believes their death is imminent can be admitted regarding the cause or circumstances of their impending death.
3. Statement Against Interest: Statements that were against the declarant’s own interest at the time they were made, such as those that could lead to civil or criminal liability, can be admitted.
4. Statement of Personal or Family History: Statements about personal or family history, even if the declarant had no direct knowledge, can be admitted.
5. Forfeiture by Wrongdoing: A statement can be admitted if the party against whom it is offered has engaged in wrongdoing that prevented the declarant from being a witness.

These exceptions under ER 804 ensure that essential evidence can be considered, even when the original source of the information is not available to testify.

For more detailed information on ER 804, you can view the full text of the rule here.

For more information on this case, you can review the full court opinion here. Additionally, explore our client resources here for more details on how we handle similar cases.

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