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 South Carolina, hearsay is defined similarly to the federal definition, as a statement made outside of the current trial or hearing that a party attempts to introduce to prove the truth of the matter asserted in the statement. Under South Carolina law, hearsay is generally inadmissible in court proceedings because it is not subject to cross-examination and its reliability cannot be readily assessed. However, South Carolina recognizes numerous exceptions to the hearsay rule, which can be found in the South Carolina Rules of Evidence, particularly in Rules 801 through 807. These exceptions include, but are not limited to, statements made under the belief of impending death, statements against interest, certain statements of personal or family history, and records of regularly conducted activity. Additionally, some statements are defined as non-hearsay, such as prior statements by a witness who is currently testifying and subject to cross-examination, or admissions by a party-opponent. The application of hearsay rules and exceptions can be complex and often depends on the specific circumstances of each case, so consultation with an attorney for particular legal matters is advisable.