Evidence
Hearsay
Definition
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Under Federal Rule of Evidence 801, a statement is hearsay if (1) it was made outside the current proceeding and (2) it is offered to prove that what the declarant said is true. Hearsay is generally inadmissible under FRE 802 because the declarant was not under oath, subject to cross-examination, or observed by the trier of fact. However, numerous exceptions and exclusions exist under FRE 803, 804, and 807.
Example
A witness testifies: "John told me the light was red." If offered to prove the light was actually red, this is hearsay because it is an out-of-court statement offered for its truth.