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 Colorado, hearsay is typically inadmissible in court under the Colorado Rules of Evidence, specifically Rule 802, which mirrors the general rule against hearsay found in the Federal Rules of Evidence. Hearsay is defined as an out-of-court statement made by someone other than the person testifying at trial, which is offered to prove the truth of the matter asserted in the statement. However, there are numerous exceptions to this rule, as outlined in Rules 803 and 804 of the Colorado Rules of Evidence. These exceptions include, but are not limited to, statements made under the belief of imminent 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 about the prior statement. The application of hearsay rules and exceptions can be complex and often depends on the specific circumstances of each case. An attorney can provide guidance on how these rules may apply to particular pieces of evidence.