What is the term for an out of court statement offered in evidence to prove the truth of what is asserted?

Hearsay refers to an out-of-court statement introduced in court to establish the truth of the matter asserted in that statement. This type of evidence is significant in legal proceedings because it raises concerns about reliability and the opportunity for cross-examination. The reason hearsay is generally inadmissible in court is that it cannot be properly verified due to the original speaker not being present to testify, which can undermine the integrity of the judicial process.

On the other hand, non-hearsay refers to statements that can be considered acceptable under certain conditions, such as when a statement is made for a purpose other than proving the truth of the matter asserted. Privileged communication pertains to confidential exchanges that cannot be disclosed in court, such as client-attorney communications or doctor-patient discussions, and does not address out-of-court statements meant to prove truth. Understanding these definitions helps clarify why hearsay is the correct term when discussing out-of-court statements used as evidence for their truth.