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 New Jersey, hearsay is defined similarly to the federal definition: it is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible in court under NJ Rule of Evidence 802. However, New Jersey law recognizes numerous exceptions to this rule, allowing hearsay to be admitted under certain circumstances. These exceptions are outlined in NJ Rules of Evidence 803 and 804 and include, but are not limited to, statements made under the belief of impending death, statements against interest, certain business records, and statements of personal or family history. Additionally, there are statements that are not considered hearsay, such as a declarant-witness's prior statement or an opposing party's statement, as specified in NJ Rule of Evidence 801. The admissibility of hearsay in New Jersey courts is ultimately determined by the judge, who will consider the rules of evidence, case law, and the specific context in which the statement was made.