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 Tennessee, as in other jurisdictions, hearsay is generally inadmissible in court under the Tennessee Rules of Evidence, specifically Rule 802. 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, Tennessee recognizes numerous exceptions to the hearsay rule, which can be found under Rules 803 and 804 of the Tennessee 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 under Rule 801, such as a declarant-witness's prior statement or an opposing party's statement. 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 these rules may apply to particular pieces of evidence.