Someone here asked whether hearsay is still hearsay if there is evidence (some sort of record) to back it up. Yes, it would still be hearsay. The records themselves would be hearsay as well. Hearsay is, simply, an out of court statement offered to prove the truth of the matter asserted. For example, one cannot say during testimony, "Jason hit Amanda. I know this because Amanda told me." What Amanda told the speaker is a hearsay statement because it was made out of court and the speaker is offering it during testimony to prove the truth of the matter asserted - the truth of what Amanda said, that Jason hit her. A record or document is also hearsay because it is a "statement" made out of court, if it is offered to prove the truth of the matter the document asserts. So phone records are hearsay because they document certain calls made at certain times. That a certain call was made, according to the document, is the "statement" for purposes of the hearsay rule. The document was created out of the courtroom, so it is an out of court statement. If the party offering the records is trying to offer the phone records in court in order to show that a certain call was made, then the record is an out of court statement "offered to prove the truth of the matter asserted". Now, if someone was offering the records to show why they reacted a certain way, then the records are not hearsay. For example, if John presents the records in court to show that he found these records and based on the records, believed a certain call had been made, and so he did something, then the records may not be hearsay. As some have posted, there are many exceptions to the hearsay rule and tons of ways to get by the hearsay rule. Simplified, generally an out of court statement made by a party opponent is aot hearsay because it is considered an admission. I did not read the cases cited above, but in general, if a person is determined to be dead, then he or she becomes an unavailable witness whose statements can be offered to the court. That is an hearsay exception. Thus, if it is shown that Stacy is dead, her statements to the pastor can likely come in to court. I hope that all makes sense.