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 Tennessee, hearsay is addressed under the Tennessee Rules of Evidence, specifically Rule 802, which generally prohibits the admission of hearsay evidence in court proceedings. Hearsay is defined as an out-of-court statement made by someone other than the person testifying at the trial or hearing, offered to prove the truth of the matter asserted in the statement. However, Tennessee law, similar to the Federal Rules of Evidence, recognizes numerous exceptions to the hearsay rule. These exceptions allow certain hearsay statements to be admissible if they meet specific criteria, such as statements made under the belief of impending death (dying declarations), statements against interest, certain statements of personal or family history, and others outlined in Rules 803 and 804. Additionally, some statements are defined as non-hearsay, including prior inconsistent statements, prior consistent statements, and statements of identification. The application of hearsay rules and exceptions can be complex and often requires the interpretation of an attorney to navigate the nuances in a given legal context.