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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.
Hearsay: Statements which are not hearsay 801(d)(1) and (2). Hearsay is a complicated area of evidence. In order to understand hearsay and use it appropriately in court you must know three things: What it hearsay, what are the exceptions to hearsay, and what isnât hearsay (a.k.a. Non-Hearsayor Not-Hearsay). F.R.E.801(d)(1) contends with statements which are considered Not-Hearsay.