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 Rhode Island, as in other jurisdictions, hearsay is typically inadmissible in court proceedings. 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. The rationale behind the hearsay rule is to ensure the reliability and credibility of evidence by allowing for cross-examination of the declarant. However, there are numerous exceptions to the hearsay rule that allow such statements to be admitted under certain circumstances. These exceptions are outlined in the Rhode Island Rules of Evidence, particularly in Rule 803 (Exceptions to the Rule Against Hearsay) and Rule 804 (Hearsay Exceptions; Declarant Unavailable). Examples of exceptions include, but are not limited to, present sense impressions, excited utterances, statements of then-existing mental, emotional, or physical condition, and statements made for medical diagnosis or treatment. Additionally, some statements are defined as non-hearsay because they are not offered to prove the truth of the matter asserted, such as statements offered to show the effect on the listener or statements that are admissions by a party-opponent. Attorneys in Rhode Island must navigate these rules and exceptions when presenting evidence in court.