Intro to the Federal Rules of Evidence - 49

B. DEFINITION
“Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (FRE 801(c)).

Hearsay is generally secondhand information that is heard from another. Whenever a witness begins to respond on the stand by saying, “I was told …,” “I heard it said …,” “Joan told me that …,” or “She said …,” a red flag should go up to warn a potential hearsay issue. (Laws of Evidence, p.296)

EXAMPLE
Plaintiff: What were you told when you opened the door?
Defense: Objection, hearsay.
Court: Sustained.
Plaintiff: I’ll rephrase. What did you hear when you opened the door?
Witness: I heard Joe tell Mary that …
Defense: Objection, move to strike. Hearsay.