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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.
Federal Rules of Evidence Article VIII states that hearsay is a as a âstatement, other than one made by the declarant while testifying at the trial or hearing...â (Cornell University of Law) There are several cases relevant to the above sentence and previous paragraph.lexis.nexis) Therefore, the rationale for the hearsay rule is a necessary facet in our court system. Evidence 3 The major issue regarding the hearsay rule according to some seems to involve the problem of how it impacts the fairness of a trial.