Also known as:FRE 805 · Fed. R. Evid. 805 · Federal Rule of Evidence 805 · hearsay within hearsay
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence providing that hearsay within hearsay is admissible if each layer of the combined statements satisfies an independent exception to the hearsay rule.
Sources & Authorities
How it applies
Common Examples
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Multiple Layers in Insurance Dispute
Everett called neighbor Charles to testify that Everett said the insurance adjuster told him a company investigator had reported the fire chief's preliminary opinion that the fire looked intentionally set. Pacific Indemnity objected on hearsay grounds. The court admitted the testimony because the fire chief's opinion qualified as a present sense impression, the investigator's report fit a business record exception, the adjuster's statement to Everett met another exception, and Everett's report to Charles satisfied a final exception.
Agency Statement with Nested Report
A director of the Wild Canid Survival and Research Center stated that Mr. Poos had reported seeing Sophie the wolf bite a child. The center objected that the director lacked personal knowledge of the bite itself. The court admitted the statement because the director's account of Poos's report qualified as an admission by a party-opponent and Poos's underlying statement rested on his own firsthand observation rather than further hearsay.
Select any source to read its text and confirm it supports the definition.
Federal Rules
Casebooks
Study Supplements
Mahlandt v. Wild Canid Survival & Research Center, Inc.588 F.2d 626 (1978)
Common questions
Frequently Asked
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When does hearsay within hearsay become admissible under Rule 805?+
Each layer of the combined statements must independently satisfy a hearsay exception or exclusion. The rule does not permit admission merely because outer layers qualify. Courts examine every transmission separately for reliability guarantees such as excited utterance or business records.
Supporting sources
What happens if one layer in a hearsay chain fails to qualify?+
The entire composite statement is excluded. Rule 805 requires conformity at every level rather than allowing stronger outer statements to bootstrap a defective inner one. This prevents admission of unreliable multiple-level hearsay.
Supporting sources
Does Rule 805 apply to statements offered as party admissions?+
Yes. A party admission may cover the outer layer but any nested statement by a non-party must still meet its own exception. The rule treats each component separately even when one layer qualifies as non-hearsay under Rule 801(d)(2).
Supporting sources
How do courts handle the middle layer in a three-statement chain?+
The middle transmission must independently fit an exception such as present sense impression or excited utterance. Routine reports made days later without excitement or business duty usually fail. Failure at this level blocks admission of the whole statement.
Supporting sources
588 F.2d 626 (1978)Evidence
…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 hearsayrule. Rule 805, however, deals only with hearsay exceptions. A statement based on the personal knowledge…
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