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 Maryland, hearsay is typically inadmissible in court under the Maryland Rules of Evidence, specifically Rule 5-802, which mirrors the general principle found in the Federal Rules of Evidence. Hearsay is defined as an out-of-court statement made by someone other than the witness testifying at trial, which is offered to prove the truth of the matter asserted in the statement. However, Maryland law recognizes numerous exceptions to the hearsay rule, allowing certain statements to be admitted as evidence if they meet specific criteria. These exceptions are outlined in Rules 5-803 and 5-804, and include, but are not limited to, statements made under the belief of impending death, statements against interest, and certain statements of personal or family history. Additionally, some statements are defined as non-hearsay under Rule 5-801, such as a witness's own prior statement or admissions by a party-opponent. The application of hearsay rules and exceptions can be complex, and an attorney can provide guidance on whether a particular statement may be admissible in a Maryland court.