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 Virginia, 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 Virginia law, hearsay is generally inadmissible unless it falls under one of the many exceptions. These exceptions are outlined in the Virginia Rules of Evidence, particularly Rule 2:802, which mirrors the Federal Rules of Evidence. Exceptions to the hearsay rule 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. Additionally, some statements are not considered hearsay at all, such as a declarant-witness's prior statement if the declarant testifies at the current trial or hearing and is subject to cross-examination. The application of hearsay rules and exceptions can be complex and often depends on the specific circumstances of each case. Attorneys in Virginia must navigate these rules to determine whether a statement can be admitted as evidence in court.