A Critical Definition: "Hearsay"

Hearsay is an out of court statement offered for the truth of whatever was said. For example, if you testified that "Mr. Smith said the dog was white," this would be hearsay if you wanted the jury to believe Mr. Smith that the dog was white. It would not be hearsay if you wanted to prove that Mr. Smith could talk, though, because in that case the jury could evaluate your statement that he did talk and would not need to form a belief as to whether he was correct. In debt collection cases, the debt collectors often seek to use affidavits or business records that say the debt was a certain amount, that certain procedures were followed, etc. But these are only helpful if you believe the records - and the records are hearsay.