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 Nevada, 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 Nevada law, hearsay is generally inadmissible unless it falls under one of the many exceptions. These exceptions are outlined in the Nevada Revised Statutes (NRS) and the Nevada Rules of Evidence (NRE). Some common exceptions 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. Additionally, statements that are not offered for the truth of the matter asserted are not considered hearsay and may be admissible. The specific rules and exceptions are detailed in NRE 801 to 807, and the application of these rules can be complex, often requiring the interpretation of courts through case law. An attorney can provide guidance on how hearsay and its exceptions may apply in a particular case in Nevada.