What is hearsay, and what is the general rule about its admissibility?

• A. A statement offered for its own truth, but made in court
• B. An out-of-court statement offered to prove the truth of the matter asserted
• C. A statement made by the judge
• D. An out-of-court statement offered to prove the truth of the matter asserted; generally inadmissible unless exception applies

Answer: (D)

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. The reason for the rule is that such statements haven’t been tested by cross-examination, so they’re considered less reliable. The general rule is exclusion: hearsay is not admissible to prove the truth unless a recognized exception or exemption applies. In some cases, a statement may be admitted for a purpose other than proving truth, or fall under one of the exceptions, but the default position is that an out-of-court statement offered to prove the truth is inadmissible.