Hearsay is defined as a statement that was made outside of the court. Normally, Hearsay is oral testimony or written documents. There are exceptions which normally fall into three categories. Exeptions wether the declarant can testify, exceptions where the declarant cant testify and Exclusions. These all breakdown a little further.

When the declarant is available hearsay can be admitted through the following cicumastances:

" Excited utterances. A statement made under stress is generally admissible even though it is hearsay, if it's offered by someone who only heard the other person speak. The statement does not have to be made in "the heat of the moment," as long as the speaker was still under stress when it occurred. Statements like …show more content…
A statement about what a person is experiencing at the moment he makes the statement is generally admissible even if it's hearsay. For instance, suppose that Maria takes the stand to testify that she heard Sue say "I'm so cold!" This statement could be used in court to prove that, at that moment, Sue felt cold, even though it's hearsay.
" Statements made in order to get medical treatment. Most statements made for medical treatment, like "I can't feel my legs" or "I'm allergic to penicillin" are admissible, on the theory that most people will tell the truth about their symptoms when their lives or health are at stake. However, statements to health care professionals that discuss fault or causation, like "that guy hit me and broke my leg" or "I wouldn't be in so much pain if she had been paying attention to the traffic light" are generally not admissible.
" Business and public records. A record made in the "ordinary course of business," or the lack of a record where one normally would have been made in the ordinary course of business, is generally admissible even if it's hearsay. Police reports are generally not admissible in criminal cases to prove a defendant committed a crime, but they may be admissible in personal injury or other torts …show more content…
Usually made by the plaintiff or defendant in a civil case, these are statements like "the accident was totally my fault!" or "yes, our product is dangerously defective; in fact, we've had 22,000 burn complaints this week alone!" Sometimes, the difference between an admission of guilt or liability and a "statement against interest" (see below) is very fine.

Declarant Unavailable
Some hearsay statements may still be admitted in court, but only if the person who made the original statement cannot testify for some reason. If that person can testify, he must do so, or the statement cannot be used in court. These exceptions include:
" Dying declarations. Statements made as a person is dying or believes he is dying may be admissible, if the person who made them is unavailable - for instance, if he actually dies. Many courts will not accept these statements in criminal cases, but may still allow them in civil cases.
" Declaration against interest. A statement that could potentially hurt the person who made it is often admissible despite being hearsay, because courts assume that a person would not make such a statement - like "our product is defective" or "I was so busy texting I didn't even see you in the crosswalk!" - unless it were