Hearsay is a statement that (1) the person making it (the declarant) does not make while testifying at the current trial or hearing (in other words, the statement is made out of court); and (2) a party offers as evidence to prove the truth of the matter asserted in the statement.

Hearsay is generally not admissible as evidence—but there are many exceptions to hearsay, and statements that are non-hearsay. The law governing hearsay is usually located in the applicable state or federal rules of evidence, which are interpreted and applied by courts in court opinions or cases.

In Alabama, hearsay is typically inadmissible in court under Rule 802 of the Alabama Rules of Evidence, which aligns with the general principle that hearsay is not allowed as evidence. Hearsay is defined as an out-of-court statement made by someone other than the witness testifying at the trial or hearing, which is offered to prove the truth of the matter asserted in the statement. However, there are numerous exceptions to this rule. For instance, Rule 803 lists specific instances where hearsay is permissible, such as statements made under the belief of impending death, records of regularly conducted activity, and certain public records, among others. Additionally, Rule 804 provides exceptions for when the declarant is unavailable. Non-hearsay includes statements that are not offered for the truth of the matter asserted but for another purpose, such as to show the speaker's state of mind or to provide context. The application of hearsay rules and exceptions can be complex and often requires the interpretation of an attorney to navigate specific legal scenarios.