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 Alabama, 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 Alabama law, hearsay is generally inadmissible unless it falls under one of the many exceptions. These exceptions are outlined in the Alabama Rules of Evidence, specifically in Rule 803 and Rule 804, which list various types of statements that are not excluded by the hearsay rule, even if the declarant is available or unavailable as a witness. Examples of exceptions include, but are not limited to, present sense impressions, excited utterances, statements of mental state, and records of regularly conducted activity. Additionally, statements that are not offered for the truth of the matter asserted are not considered hearsay and may be admissible. The application of hearsay rules and exceptions can be complex, and an attorney can provide specific guidance on how these rules may apply in a given legal situation in Alabama.