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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.
For example: 1  People can only talk about what they know first hand. If you don't have first hand knowledge, it is called hearsay which is usually not allowed. 2  You have the right to cross-examine anyone whose words (whether written or spoken) are being considered as evidence. 3  The testimony or exhibit must be relevant.