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 Michigan, hearsay is defined similarly to the federal standard, where it is considered an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible in court. Michigan's rules regarding hearsay can be found in the Michigan Rules of Evidence (MRE). However, there are numerous exceptions to the hearsay rule that allow such statements to be admitted under certain circumstances. These exceptions include, but are not limited to, statements made under the belief of impending death, statements against interest, certain statements of personal or family history, and records of regularly conducted activity, among others. Additionally, statements that are not offered for the truth of the matter asserted are not considered hearsay and may be admissible. The application of hearsay rules and exceptions can be complex and often requires the interpretation of an attorney to navigate specific legal situations.