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 Illinois, hearsay is defined similarly to the federal standard, as an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible in court under the Illinois Rules of Evidence. However, there are numerous exceptions to this rule. For instance, statements that are part of a public record, statements made under the belief of impending death, and statements against interest are among the exceptions that may allow hearsay to be admitted as evidence. Additionally, statements that are not offered for the truth of the matter asserted, but rather for another purpose such as to show the declarant's state of mind, are not considered hearsay. The specific applications and interpretations of hearsay rules can be complex and are often determined by the context of the case and the discretion of the court. An attorney can provide guidance on how hearsay may affect the admissibility of evidence in a particular case in Illinois.