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 Hawaii, hearsay is addressed under the Hawaii Rules of Evidence, which are similar to the Federal Rules of Evidence. Hearsay is defined as an out-of-court statement made by someone other than the witness testifying at trial, which is offered to prove the truth of the matter asserted in the statement. Generally, hearsay is not admissible in court because it is considered unreliable due to the lack of opportunity to cross-examine the declarant. However, there are numerous exceptions to the hearsay rule in Hawaii, such as statements made under the belief of impending death, statements against interest, certain business records, and statements in public records, among others. Additionally, some statements are not considered hearsay at all, for example, if they are offered for a purpose other than proving the truth of the matter asserted, such as to show the effect on the listener or the declarant's state of mind. The specific applications and exceptions to the hearsay rule can be complex and are often determined by the context in which a statement is made and the purpose for which it is offered in court.