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 Montana, as in other jurisdictions, hearsay is typically defined as an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible under the Montana Rules of Evidence (Rule 802). However, there are numerous exceptions to this rule. For instance, Rule 803 outlines specific circumstances under which hearsay may be admissible, such as statements made under the belief of impending death, records of regularly conducted activity, and certain public records, among others. Additionally, Rule 804 provides exceptions that apply when the declarant is unavailable, including former testimony and statements against interest. It's important to note that the rules also define what is not considered hearsay, such as a declarant's prior statement that is inconsistent with their testimony and is given under penalty of perjury. The application of hearsay rules can be complex, and an attorney can provide guidance on whether a statement may be admissible in court under the hearsay rule or its exceptions.