FRE · Rule 805
Rule 805 addresses hearsay within hearsay and outlines how statements can be admitted as evidence when layered together.
Source: FRE Rule 805
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the hearsay rule.
Rule 805 allows for hearsay statements that contain other hearsay statements to be admitted in court, as long as each statement meets an exception to the hearsay rule. This means you can consider multiple levels of statements if they each have a legitimate basis for being considered as evidence.
The purpose of Rule 805 is to clarify the admissibility of layered hearsay statements, ensuring that legitimate evidence is not excluded simply because it is embedded within another hearsay statement.
This provision allows for the admission of statements that include other hearsay, provided that each individual hearsay statement meets its own exception under the rules.
This case applied Rule 805 when determining the admissibility of a witness's testimony that referenced out-of-court statements made by another person.
Rule 805 may be tested on how hearsay within hearsay is treated under the rules, so familiarize yourself with exceptions for both statements and practice recognizing layered hearsay in hypothetical scenarios.