Also known as: hearsay within hearsay · hearsay upon hearsay · multiple hearsay
Written by attorneys · grounded in primary & secondary sources — see below
A form of out-of-court statement in which one hearsay declaration incorporates or quotes another. The combined statement is admissible only when each separate layer independently satisfies a hearsay exception or exclusion.
Everett called neighbor Charles to testify that Everett said an insurance adjuster told him a company investigator had reported the fire chief's opinion that the blaze looked intentionally set. Each layer in the chain rested on its own qualifying exception, such as a present sense impression or business record. The court admitted the testimony because every component met the requirements for admissibility.
Cedeck testified that branch manager Murphy told her he had been informed by superiors that her promotion request was denied because of her appearance. The outer statement from Murphy incorporated an inner statement from company officials. The court excluded the testimony because the inner layer lacked an independent basis for admission under any exception.
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Hearsay within hearsay is admissible when each part of the combined statements conforms with a hearsay exception or exclusion. The rule requires independent qualification for every layer rather than allowing one qualifying statement to support the entire chain.
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No. The rules expressly permit admission of combined statements provided every layer satisfies its own exception. Treating multiple layers as automatically inadmissible would contradict the provision allowing such evidence when each component qualifies separately.
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The entire combined statement is inadmissible. Each link must independently meet the requirements for an exception because the rule demands conformity at every level to ensure reliability.
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The court examines the circumstances surrounding each individual statement for indicia of reliability such as timing, mental state, or business duty. Factors like excitement, contemporaneity, or a duty to report accurately determine whether a given layer qualifies.
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…rule, it should be. He feels that is mandated by Rules 805 and 403. Rule 805 recites, in effect, that a statement containing hearsay within hearsay is admissible if each part of the statement falls within an exception to the hearsay rule. Rule 805, however, deals only with hearsay exceptions. A statement based on the personal knowledge…