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 Michigan, hearsay is defined similarly to the federal standard, where it is considered an out-of-court statement offered in evidence to prove the truth of the matter asserted. Under Michigan Rules of Evidence (MRE), hearsay is generally inadmissible unless it falls under one of the many exceptions. These exceptions are outlined in MRE 803 and 804 and include circumstances such as the declarant's unavailability, statements under belief of impending death, statements against interest, and certain records or statements made under specific conditions that are deemed reliable. 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 about the prior statement, or admissions by a party-opponent. The application of hearsay rules and exceptions can be complex and often requires careful analysis by an attorney to determine whether a statement can be admitted as evidence in court.