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 Wyoming, as in other jurisdictions, hearsay is typically defined as an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible as evidence under the rules of evidence. This is because hearsay is considered unreliable due to the lack of opportunity to cross-examine the declarant. However, there are numerous exceptions to the hearsay rule that allow such statements to be admitted under certain circumstances. These exceptions are outlined in the Wyoming Rules of Evidence, particularly in Rule 803 (Hearsay Exceptions; Availability of Declarant Immaterial) and Rule 804 (Hearsay Exceptions; Declarant Unavailable). Examples of exceptions include, but are not limited to, present sense impressions, excited utterances, statements of then-existing mental, emotional, or physical condition, and statements for purposes of medical diagnosis or treatment. Additionally, some statements are defined as non-hearsay because they are not offered for the truth of the matter asserted, such as statements offered to show the effect on the listener or statements that are admissions by a party-opponent. The application of hearsay rules and exceptions can be complex and often requires the interpretation of courts, which is why consultation with an attorney is advisable in legal proceedings involving potential hearsay evidence.