Evidence rules (US and UK)

Are text messages hearsay? A plain-English overview

Last reviewed 2026-10-17 · 1 official source cited below

Hearsay is one of the most technical areas of evidence law, and this page doesn’t replace advice from a lawyer. It explains the basic definitions in the U.S. Federal Rules of Evidence so you can understand the questions a judge may ask. States have their own hearsay rules and exceptions.

The definition

Under FRE 801(c), hearsay is a statement that (1) the declarant doesn’t make while testifying at the current trial or hearing, and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.

A text message is a written statement, so the question is usually who wrote it and why you’re offering it.

Statements of the opposing party

FRE 801(d)(2) says a statement is not hearsay if it is offered against an opposing party and, among other options:

• (A) was made by the party in an individual or representative capacity;
• (B) is one the party manifested that it adopted or believed to be true;
• (C) was made by a person whom the party authorized to make a statement on the subject;
• (D) was made by the party’s agent or employee on a matter within the scope of that relationship while it existed.

So messages the other party sent are often offered under this rule. You still need to show they sent them (see authentication).

Other purposes

Sometimes a message is offered not for its truth but for another reason, for example to show that someone was notified of something or to explain why someone acted. Whether a purpose counts is for the judge.

Your own messages and third parties’ messages

Your own earlier texts, or messages from someone who isn’t a party, are analyzed differently and may need an exception. This is where people most often need professional advice.

Why context still matters

Even when a message is admissible, the judge weighs it in context. A complete, chronological transcript lets the court see the replies around it.

Sources

1. Federal Rules of Evidence, Rule 801 — Definitions That Apply to This Article; Exclusions from Hearsay (Cornell LII)

Sources were opened and checked on 2026-10-17. Laws and rules change; always read the current version.