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 Vermont, hearsay is defined similarly to other jurisdictions as an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible in court under the Vermont Rules of Evidence. However, there are numerous exceptions to this rule. For instance, statements that are considered to be present sense impressions, excited utterances, statements of mental, emotional, or physical condition, recorded recollections, records of regularly conducted activity, and public records, among others, may be admissible despite being hearsay. Additionally, statements that are not offered for the truth of the matter asserted are not considered hearsay and can be admitted into evidence. The Vermont Rules of Evidence, particularly Rule 802, which deals with the hearsay rule, and Rule 803, which lists the exceptions to the hearsay rule, govern the admissibility of hearsay in Vermont courts. An attorney can provide guidance on whether a specific statement may fall under one of the exceptions to the hearsay rule or may be admissible for a purpose other than proving the truth of the matter asserted.