Rule 805 - Hearsay Within Hearsay

Overview of Hearsay

• Rule 805 deals with hearsay within hearsay.
• Hearsay within hearsay involves multiple levels of hearsay in a statement.
• A statement is not automatically excluded for having multiple hearsay levels as long as each level has applicable exceptions.

Understanding Levels of Hearsay

• First-Level Hearsay: When a person relays information they heard directly to a court.
• Second-Level Hearsay: When the relayed information is told to another person, who then tells it to the court.

Application of Rule 805

• Multiple levels of hearsay are permissible if each level has valid exceptions.
• Example Scenario:
  • Statement Flow: Danny Brooks -> Andy -> Sydney -> Witness
  • Degrees of Separation: Four levels from the original statement "I'm hungry."
  • Exceptions:
    • Sydney to Witness: Party opponent exception.
    • Andy to Sydney: Party opponent exception.
    • Danny Brooks to Andy: Exception under Rule 8033 (Existing mental condition or state of mind).

Conclusion

• Rule 805 allows for the admissibility of multi-level hearsay if exceptions apply to each level.
• Ensures that even far removed statements can be admissible if proper exceptions or exclusions are present.