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Download article as a PDF. The rule against hearsay is deceptively simple and full of exceptions. Hearsay is an out of court statement, made in court, to prove the truth of the matter asserted. In other words, hearsay is evidence of a statement that was made other than by a witness while testifying at the hearing in question and that is offered to prove the truth of the matter stated.
But the mother or fatherâs testimony as to what their child says would be considered hearsay. A guardian ad litem can give the courts a more well-rounded picture of really whatâs going on than the scripted pictures both sides want to paint for their clients. Bruce Przepis That is right, what a child or any witness says outside of court could be considered hearsay.