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 Arkansas, hearsay is addressed under the Arkansas Rules of Evidence, specifically Rule 802, which generally prohibits the admission of hearsay evidence in court proceedings. Hearsay is defined as an out-of-court statement made by a declarant that is presented in court to prove the truth of the matter asserted in the statement. The rationale behind this rule is to ensure the reliability and credibility of evidence by allowing for cross-examination of the person making the statement. However, there are numerous exceptions to the hearsay rule, as outlined in Rules 803 and 804 of the Arkansas Rules of Evidence, which allow for certain hearsay statements to be admissible under specific circumstances. These exceptions may include, but are not limited to, statements made under the belief of impending death, statements against interest, certain public records, and statements made in the course of a regularly conducted activity. Additionally, some statements are defined as non-hearsay, such as prior statements by a witness who is currently testifying and subject to cross-examination, or admissions by a party-opponent. The application of hearsay rules and exceptions can be complex and often requires the interpretation of courts based on the context of each individual case.