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 West Virginia (WV), hearsay is typically inadmissible in court under the West Virginia Rules of Evidence, specifically Rule 802, which mirrors the general rule against hearsay found in the Federal Rules of Evidence. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted and is excluded because it is not subject to cross-examination, and its reliability cannot be readily assessed. However, there are numerous exceptions to this rule, as outlined in Rules 803 and 804 of the West Virginia Rules of Evidence. These exceptions include, but are not limited to, statements made under the belief of imminent 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 a declarant-witness's prior statement or an opposing party's statement, as per Rule 801. The application of hearsay rules and exceptions can be complex and often depends on the specific circumstances of each case, which is why an attorney's expertise is frequently sought to navigate these evidentiary issues in court proceedings.