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 Kansas, hearsay is addressed under the Kansas Rules of Evidence, specifically K.S.A. 60-460, which aligns with the general definition of hearsay as an out-of-court statement offered to prove the truth of the matter asserted. As a rule, hearsay is not admissible in court because the declarant is not present to be cross-examined, and the statement's reliability cannot be easily assessed. However, Kansas law, like federal law and other states' laws, recognizes numerous exceptions to the hearsay rule. These exceptions may include, but are not limited to, statements made under the belief of impending death, statements against interest, certain statements of personal or family history, and records of regularly conducted activity, among others. Additionally, some statements are defined as non-hearsay, such as a declarant's prior statement if the declarant testifies at the trial or hearing and is subject to cross-examination. The application of hearsay rules and exceptions can be complex and often depends on the specific circumstances of each case. An attorney can provide guidance on how these rules may apply to particular pieces of evidence.