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 Mississippi, hearsay is defined similarly to the federal standard, as a statement made outside of the current trial or hearing that is offered in evidence to prove the truth of the matter asserted. Under Mississippi law, hearsay is generally inadmissible unless it falls under one of the many exceptions. These exceptions are outlined in the Mississippi Rules of Evidence, particularly in Rule 803 and Rule 804, which enumerate specific circumstances under which hearsay statements may be admissible, such as statements made under the belief of impending death, certain statements against interest, and records of regularly conducted activity, among others. Additionally, some statements are considered non-hearsay because they are not offered for the truth of the matter asserted, such as statements offered to show the effect on the listener or to show the declarant's state of mind. The application of hearsay rules and exceptions can be complex, and an attorney can provide guidance on how these rules may apply in specific legal proceedings within Mississippi.