What is hearsay, and what is the basic rule about its admissibility in federal courts?

• A. Hearsay is an out-of-court statement offered for the truth of the matter asserted; it is generally inadmissible unless an exception or exclusion applies.
• B. Hearsay is any testimony given under oath in court.
• C. Hearsay refers to statements by the judge during trial.
• D. Hearsay is evidence that is not sworn but allowed.

Answer: (A)

Hearsay means an out-of-court statement offered to prove the truth of what the statement asserts. In federal courts, the default rule is that hearsay is inadmissible, because such statements aren’t subject to cross-examination and other safeguards. They can come in only if a recognized exception or exclusion applies under the Federal Rules of Evidence.

Not everything said outside of court is hearsay—if the statement is offered for a purpose other than proving the truth of the matter asserted (for example, to show its effect on the listener or to prove notice, or certain statements by a party-opponent that the rules treat differently), it may be admissible. The other options describe things that aren’t hearsay as the general concept—sworn testimony in court, statements by the judge, or evidence that's not sworn but admitted under different rules.