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 Maine, hearsay is addressed under the Maine Rules of Evidence, specifically Rule 801 which defines hearsay and Rule 802 which generally prohibits the admission of hearsay evidence in court proceedings. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is typically not admissible because the declarant is not present to be cross-examined. However, there are numerous exceptions to this rule, as outlined in Rule 803 and Rule 804 of the Maine Rules of Evidence. These exceptions include, but are not limited to, statements made under the belief of impending death, records of regularly conducted activity, and statements against interest. Additionally, certain statements are defined as non-hearsay, such as prior statements by a witness who is currently testifying and subject to cross-examination, and admissions by a party-opponent. The application of hearsay rules and exceptions can be complex and often requires the interpretation of courts based on the specific circumstances of each case.