What is the definition of hearsay in legal terms?

Hearsay, in legal terms, refers to an out-of-court statement that is being used to prove the truth of the matter asserted in that statement. The critical element of hearsay is that it is something that was not directly observed or experienced by the person reporting it. This means that the witness did not have firsthand knowledge of the information; rather, they heard it from someone else. Thus, the statement lacks the reliability that comes with direct testimony, which is why it is often inadmissible in court proceedings.

The other choices describe different types of statements but do not capture the essence of hearsay as defined in the legal context. A statement made outside of court, a documented confession, and a witness's sworn statement do not inherently share the characteristic of being indirect or secondhand. Hearsay specifically involves the idea of recounting something heard from another source, which is what makes the definition insightful for understanding its implications in legal cases.