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 Connecticut, hearsay is defined similarly to the federal rules and is generally inadmissible in court proceedings. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is not made by a witness while testifying at the current trial or hearing. Connecticut's rules of evidence, specifically Section 8-1 and following of the Connecticut Code of Evidence, outline the hearsay rule and its exceptions. Despite the general prohibition, there are numerous exceptions to the hearsay rule, such as statements made under the belief of impending death, certain public records, and statements against interest, among others. Additionally, some statements are not considered hearsay at all, for example, admissions by a party-opponent. 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 whether a particular statement may be admissible in court under the hearsay rule or its exceptions.