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Hearsay

Hearsay is an out-of-court statement offered in court to prove that what the statement says is true.

What it actually is

Hearsay refers to a statement made outside the courtroom that a witness repeats during testimony to establish the truth of the matter asserted. It typically arises when a witness testifies about what another person said, rather than from their own direct knowledge.

Why it matters in your case

Hearsay is generally excluded because the original speaker is not under oath and cannot be cross-examined, making the statement unreliable. If the opposing party objects to hearsay, the judge may exclude it, which can significantly affect the evidence available to support your case.

The common misunderstanding

A common misunderstanding is that any out-of-court statement is automatically hearsay, but many statements are not hearsay because they are not offered to prove the truth of the matter (e.g., to show the speaker's state of mind). Additionally, numerous exceptions allow hearsay to be admitted under specific circumstances.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.