Transcript for:
Understanding Rule 805 on Hearsay

Okay, so rule 805, it's a pretty nice easy one to wrap up what we're going to talk about in the 800s, which is the hearsay rules. It's hearsay within hearsay. Maybe surprisingly, if you have multiple levels of hearsay, and I'll explain levels of hearsay more generally in a second, then you don't just automatically throw the statement out because of unreliability, as long as there's applicable exceptions to all of the levels of hearsay. So levels of hearsay come like this. If someone were sitting in this room with me, listening to me talk, and relayed that information in court, that's first-level hearsay. The person is one degree removed from actually making the statements themselves. If the person who's sitting here in the room with me tells someone else about everything I was saying, and then that person goes and says it in court, that's second-level hearsay. And all this rule says is that if there's second or more level hearsay, it's not automatically excluded. but that there need to be valid exceptions for each level of hearsay. So if I hear a statement from Sydney Park, and I'm a defense witness in this case, and I'm being, I'm testifying for the defense, I'm called by the defense, and Sydney's statement is actually Andy's statement, so like Sydney tells me that Andy told her that Danny Brooks said, I'm hungry. So Danny Brooks says, I'm hungry to Andy. Andy tells that to Sidney. Sidney tells that to me. We have four degrees of separation here from the original quote of, I'm hungry, but it's admissible under rule 805 because the first level of hearsay, what Sidney told me is party opponent. What Andy told Sidney is party opponent. because Andy and Sydney are both party opponents. And what Danny Brooks told Andy is an exception to hearsay under Rule 8033, then existing mental condition or state of mind on the part of Danny Brooks of I'm hungry. So even though it's very far removed and very likely to be incorrect, because I have hearsay exceptions to all of the levels or exceptions or exclusions, then it's completely kosher. And that's how you resolve hearsay within hearsay.