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 Virginia, hearsay is typically inadmissible in court under the Virginia Rules of Evidence, specifically Rule 2:802, 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 2:803 and 2:804, which allow hearsay to be admitted under certain circumstances, such as statements made under the belief of impending death, records of regularly conducted activity, and statements against interest, among others. Additionally, some statements are defined as non-hearsay, including prior statements by a witness and admissions by a party-opponent, as per Rule 2:801. The application of hearsay rules and exceptions can be complex and often depends on the specific facts of a case, as interpreted by the courts.