Intro to the Federal Rules of Evidence - 51

2. Out-of-court
“[O]ther than one made by the declarant while testifying at the trial or hearing.”

The following statements will be deemed “out of court”
a. Statements by non-witness
A witness’s delivery of a third person’s statement constitutes hearsay.

b. Prior statements by witness
An out-of-court statement does not lose its hearsay character simply because the declarant later becomes a witness at trial and testifies about the statement.

A witness’ prior statement made in a deposition or in an earlier trial, or even when spoken in the judge’s chambers during the present trial, are all out of court, and so will constitute hearsay, unless FRE 801(d)(1) exception is applied.

EXAMPLE:
Plaintiff: Ms. Jones, what did you say to your son after you looked up?
Witness: I told him that I saw the green car go through the stop sign.
Defense: Objection, your honor. Hearsay.
Court: Objection sustained.