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 Arizona, hearsay is addressed under the Arizona Rules of Evidence, specifically Rule 801 to 807, which align with the Federal Rules of Evidence. Hearsay is defined as an out-of-court statement made by someone other than the witness testifying at trial, offered to prove the truth of the matter asserted in the statement. Generally, hearsay is inadmissible because it is not subject to cross-examination, and thus its reliability cannot be tested in court. However, there are numerous exceptions to this rule. For instance, statements that are part of a witness's present sense impression, excited utterances, statements of mental state, and records of regularly conducted activity, among others, may be admissible despite being hearsay. Additionally, statements that are not offered for the truth of the matter asserted, but for another purpose such as to show the effect on the listener or the declarant's state of mind, are not considered hearsay. Arizona courts interpret and apply these rules to determine the admissibility of hearsay in legal proceedings.