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 Massachusetts, hearsay is typically inadmissible in court under the Massachusetts Guide to Evidence. Hearsay is defined as 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. However, there are numerous exceptions to this general rule. Some of the exceptions 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. Additionally, there are statements that are not considered hearsay at all, such as a witness's prior consistent statement to rebut a charge of recent fabrication or improper influence or motive, or a witness's prior identification of a person. The Massachusetts courts interpret and apply these rules and exceptions through case law, which can evolve over time. It is important for an attorney to be familiar with both the Massachusetts Guide to Evidence and the relevant case law when dealing with hearsay in court.