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 Oregon, hearsay is defined similarly to the federal definition: it is an out-of-court statement offered in evidence to prove the truth of the matter asserted. Under Oregon law, hearsay is generally inadmissible unless it falls under one of the many exceptions. These exceptions are outlined in the Oregon Evidence Code (OEC), particularly in sections OEC 801 to OEC 806. Some common exceptions to the hearsay rule include, but are not limited to, present sense impressions, excited utterances, statements of mental, emotional, or physical condition, recorded recollections, business records, and public records. Additionally, statements that are not offered for the truth of the matter asserted are not considered hearsay and are not barred by the hearsay rule. The application of hearsay rules and exceptions can be complex and often depends on the specific circumstances of each case. An attorney can provide guidance on how hearsay may affect the admissibility of evidence in a particular legal proceeding in Oregon.