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 Rhode Island, 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 Rhode Island rules, hearsay is generally inadmissible unless it falls under one of the many exceptions. These exceptions can 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, among others. The Rhode Island Rules of Evidence, particularly Rule 802, state the general rule against hearsay, while Rule 803 and Rule 804 list the specific exceptions to the hearsay rule. The application of these rules can be complex and often depends on the context of the statement and the specific circumstances of the case. Attorneys must navigate these rules to determine whether a hearsay statement may be admissible in court.