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 Montana, hearsay is addressed under the Montana 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 considered an out-of-court statement made by a declarant that is presented to prove the truth of the matter asserted, and it is typically excluded because the declarant is not present to be cross-examined. However, there are numerous exceptions to this rule, as outlined in Rule 803 and Rule 804 of the Montana Rules of Evidence, which allow for certain types of hearsay to be admissible under specific circumstances. These exceptions may include, but are not limited to, statements made under the belief of imminent death, certain public records, and statements against interest. It is important to note that the application of hearsay rules can be complex, and the determination of whether a hearsay exception applies is often made by the presiding judge in the context of a trial.