Which statement best describes hearsay?

Which statement best describes hearsay?

• A. Hearsay is a statement offered to prove the truth of the matter asserted, made outside of court by someone other than the declarant who testifies.
• B. Hearsay is any statement used for impeachment.
• C. Hearsay includes all nonverbal conduct.
• D. Hearsay is always admissible.

Answer: (A)

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. That means the person who made the statement is not testifying at the trial, and the statement is being used to establish the content as true. Because the statement’s reliability is not tested through the declarant’s presence and cross-examination, it’s typically excluded unless a specific exception or purpose (other than proving truth) applies. The other options don’t fit. Nonverbal conduct isn’t automatically hearsay; it can be evidence, but hearsay concerns statements that assert something as true. Using something for impeachment isn’t the definitional idea of hearsay, though such statements can raise separate issues. And hearsay is not always admissible—there are many exceptions and exclusions that determine when it can be admitted.

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. That means the person who made the statement is not testifying at the trial, and the statement is being used to establish the content as true. Because the statement’s reliability is not tested through the declarant’s presence and cross-examination, it’s typically excluded unless a specific exception or purpose (other than proving truth) applies.

The other options don’t fit. Nonverbal conduct isn’t automatically hearsay; it can be evidence, but hearsay concerns statements that assert something as true. Using something for impeachment isn’t the definitional idea of hearsay, though such statements can raise separate issues. And hearsay is not always admissible—there are many exceptions and exclusions that determine when it can be admitted.