Hearsay is an out-of-court statement offered to prove the truth of what it asserts. In Arizona family court, hearsay is generally not admissible unless it falls within one of the recognized exceptions. Understanding the basic hearsay rules helps clients understand why certain evidence can be presented at trial and why other evidence cannot.

Common hearsay exceptions that come up in family law include excited utterances, statements for medical diagnosis or treatment, business records, and public records. A child’s statement about what happened to them may come in under the excited utterance exception or through a forensic interview properly introduced under applicable rules.

Not everything that sounds like hearsay is hearsay. A statement is only hearsay if it is offered to prove the truth of the matter asserted. A text message offered to show that a communication was sent on a particular date is not hearsay if the truth of its content is not what matters. Context determines admissibility.

In domestic violence hearings under the Alec and Lydia Act, the rules around admissibility of prior acts evidence have been expanded. Evidence of domestic violence against any person that tends to prove coercive control is now admissible even if it was previously litigated or could have been raised in a prior proceeding. This is a significant change from prior Arizona practice.