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 Utah, hearsay is addressed under the Utah 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 an out-of-court statement offered to prove the truth of the matter asserted and is typically not admissible because the declarant is not present to be cross-examined. However, there are numerous exceptions to this rule, as outlined in Rule 803 and Rule 804 of the Utah Rules of Evidence. These exceptions include, but are not limited to, statements made under the belief of imminent death, statements against interest, certain statements of personal or family history, and records of regularly conducted activity. Additionally, certain statements are defined as non-hearsay under Rule 801(d), such as prior inconsistent statements given under oath or statements of identification. It is important for an attorney to carefully examine these rules and relevant case law to determine whether a hearsay exception applies or if a statement is considered non-hearsay.