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 West Virginia, hearsay is defined similarly to the federal standard, where it is considered an out-of-court statement offered in court to prove the truth of the matter asserted. Under West Virginia Rules of Evidence, specifically Rule 802, hearsay is not admissible unless it falls under one of the many exceptions outlined in the rules. These exceptions can include, but are not limited to, present sense impressions, excited utterances, statements of mental, emotional, or physical condition, recorded recollections, records of regularly conducted activity, and public records, among others. Additionally, some statements are defined as non-hearsay, such as prior statements by a witness or admissions by a party-opponent. The rules are designed to ensure that evidence presented is reliable and that the opposing party has the opportunity to cross-examine the declarant of the statement. Attorneys must navigate these rules to determine whether a hearsay statement can be admitted as evidence in a given case.