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 Delaware, hearsay is addressed under the Delaware Rules of Evidence, specifically Rule 801 which defines hearsay and Rule 802 which generally prohibits the admission of hearsay evidence in court proceedings. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is typically not admissible because the declarant is not present to be cross-examined. However, Delaware's rules, similar to the Federal Rules of Evidence, provide numerous exceptions to the hearsay rule. These exceptions can include, but are not limited to, statements made under the belief of impending death, statements against interest, certain statements of personal or family history, and records of regularly conducted activity, among others. Additionally, some statements are defined as non-hearsay, such as a declarant's prior statement if the declarant testifies at the current trial or hearing and is subject to cross-examination. The application of these rules and exceptions is often complex and fact-specific, and an attorney can provide guidance on whether a particular statement may be admissible in court.