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 South Dakota, hearsay is addressed under the South Dakota Rules of Evidence, specifically Rule 801 which defines hearsay and Rule 802 which generally prohibits the admission of hearsay evidence in court proceedings. Hearsay is considered to be any statement made outside of the current trial or hearing that is offered in evidence to prove the truth of the matter asserted. The rationale behind this rule is to ensure the reliability and credibility of evidence by subjecting it to the scrutiny of cross-examination. However, there are numerous exceptions to the hearsay rule, as outlined in Rule 803 and Rule 804 of the South Dakota Rules of Evidence. These exceptions include, but are not limited to, statements made under the belief of impending death, records of regularly conducted activity, and statements against interest. Additionally, certain statements are defined as non-hearsay, such as a declarant-witness's prior statement or an opposing party's statement, as per Rule 801(d). It is important for an attorney to carefully analyze whether a statement falls under the hearsay rule or if it qualifies for an exception when considering its admissibility in a South Dakota court.