out of court statements being used to prove a fact. To constitute hearsay, the out of court statement must be uttered by a person who is not present in the courtroom to be questioned. As a general rule hearsay is not admissible but there are some exceptions.
Example: “At her hearing before a Workers’ Compensation Judge, Jane’s attorney tried to offer a statement of a co-worker to support her case. Because the co-worker was not present at the hearing, the Workers’ Compensation Judge found the statement to constitute hearsay”.