Evidence Code § 1200: The Hearsay Rule

A text message is hearsay under Evidence Code § 1200 only if it is offered to prove the truth of what it says. Texts offered to show that a statement was made, that someone had notice, the effect on the reader, or as words with legal effect are not hearsay, and texts written by the opposing party come in under § 1220 even when offered for their truth.

The statute

(a) "Hearsay evidence" is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.
(b) Except as provided by law, hearsay evidence is inadmissible.
(c) This section shall be known and may be cited as the hearsay rule.

Cal. Evid. Code § 1200.

What it means for text messages

The rule has two elements and a text message always satisfies the first: it was made outside the courtroom. Everything turns on the second, whether it is "offered to prove the truth of the matter stated." A threat is offered to show the threat was made, not that it was true; a landlord's "the heater is broken again" is offered to show the landlord knew; "I accept" is a verbal act. None of those are hearsay.

When a text is offered for its truth, the question becomes which exception applies. For text messages the usual one is § 1220, admission of a party: if your opponent wrote it and you offer it against them, it comes in. Others that fit texts are adoptive admissions (§ 1221, where a party's reply accepts what was said), spontaneous statements made under the stress of an event (§ 1240), and statements of the declarant's then-existing state of mind (§ 1250).

Two things the hearsay rule does not do. It does not apply to machine-generated data: timestamps, delivery receipts and metadata are not statements by a person, and the California Supreme Court, quoting People v. Hawkins (2002) 98 Cal.App.4th 1428, has said "the Evidence Code does not contemplate that a machine can make a statement" (People v. Goldsmith (2014) 59 Cal.4th 258). And it does not substitute for authentication; a text can be non-hearsay and still be excluded for lack of foundation under § 1401. Full treatment: Are text messages hearsay?

Related sections

§ 1220 admission of a party · § 1400–1401 authentication · § 210/350 relevance · Hub

Frequently asked questions

Are text messages hearsay in California?

Only when offered to prove the truth of what they say. Offered for any other purpose, such as to show the statement was made or that the recipient had notice, they are not hearsay.

Are timestamps and metadata hearsay?

No. Data generated by a device is not a statement by a person; People v. Goldsmith (2014) held that machine-generated data is not hearsay under the Evidence Code.

If a text isn't hearsay, is it admissible?

Not automatically. It still has to be relevant (§ 210, § 350) and authenticated (§ 1400–1401), and the court can still exclude it under § 352.