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 Arkansas, hearsay is addressed under the Arkansas Rules of Evidence, specifically Rule 801 to 807, which align with the general principles of hearsay found in many jurisdictions. Hearsay is defined as an out-of-court statement made by a declarant that is presented in court to prove the truth of the matter asserted in the statement. As a rule, hearsay is not admissible in court because the declarant is not present to be cross-examined, which raises concerns about the reliability of the statement. However, there are numerous exceptions to this rule. For instance, statements that are part of the court record, statements made under the belief of impending death, certain statements against interest, and statements made in the course of a regularly conducted activity are among the exceptions that may allow hearsay to be admitted as evidence. Additionally, some statements are defined as non-hearsay because they are not offered to prove the truth of the matter asserted, such as statements offered to show the effect on the listener or statements that are admissions by a party-opponent. The application of hearsay rules and exceptions can be complex and often requires the interpretation of a judge. An attorney can provide specific guidance on how hearsay may affect the admissibility of evidence in a particular case in Arkansas.