Generally, out-of-court statements by persons other than the accused are excluded as hearsay.

She said the defense lawyers' out-of-court statements were improper.

"It's hard to prove that some out-of-court statement has an impact on a trial," Professor Gillers said.

The hearsay rule applies to all out-of-court statements whether oral, written or otherwise.

The second common misconception is that all out-of-court statements are hearsay.

The word declarant, when discussing the hearsay rule and its exceptions, refers to the person who makes an out-of-court statement.

This is a category of exemptions to the inadmissibility of out-of-court statements.

The exemption permits one party to offer the out-of-court statement of any opponent party.

It may not be used by a party to offer that party's own out-of-court statement.

Affidavit evidence consisting of out-of-court statements, is not subject to cross-examination.