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 Wyoming, hearsay is typically inadmissible in court under the Wyoming Rules of Evidence, specifically Rule 802, which mirrors 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 not allowed because the declarant is not present to be cross-examined. However, there are numerous exceptions to this rule. For instance, Rule 803 lists exceptions that apply regardless of the declarant's availability, such as statements made under the belief of imminent death, records of regularly conducted activity, and certain public records, among others. Rule 804 provides exceptions that apply when the declarant is unavailable, including former testimony, dying declarations, and statements against interest. Additionally, some statements are defined as non-hearsay under Rule 801, such as a declarant's prior statement that is inconsistent with their testimony and is given under penalty of perjury, or statements of identification made after perceiving a person. It is important for an attorney to carefully analyze the hearsay rule and its exceptions when preparing to admit or challenge evidence in a Wyoming court.