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 York, hearsay is typically inadmissible under the rules of evidence, consistent with the general principle of hearsay law. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted and is excluded because the declarant is not present to be cross-examined. However, New York recognizes numerous exceptions to the hearsay rule, allowing certain statements to be admitted under specific circumstances. These exceptions include, but are not limited to, present sense impressions, excited utterances, statements of then-existing mental, emotional, or physical condition, statements made for medical diagnosis or treatment, business records, and public records. Additionally, statements that are not offered for the truth of the matter asserted are not considered hearsay and may be admissible. The New York rules of evidence, case law, and statutes should be consulted for the precise application of hearsay rules and exceptions in any legal proceeding. An attorney can provide guidance on how these rules may apply to specific cases.