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 North Dakota, hearsay is addressed under the North Dakota 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 North Dakota Rules of Evidence. These exceptions include, but are not limited to, statements made under the belief of imminent death, records of regularly conducted activity, and statements against interest. Additionally, certain statements are defined as non-hearsay under Rule 801(d), such as prior inconsistent statements given under oath or statements of identification. The application of hearsay rules and exceptions can be complex and often requires the interpretation of courts based on the specific circumstances of each case.