MBE Rules · Evidence
Hearsay Within Hearsay
FRE 805
The rule
Multiple layers of hearsay are admissible only if each layer independently satisfies an exception or exclusion.
In plain English
Hearsay within hearsay refers to a situation where a statement contains another statement that is also hearsay. For such evidence to be admissible, each layer of hearsay must meet its own exception to the hearsay rule.
Worked example
During a trial, a witness testifies that she heard her friend say that someone told her about a robbery. The statement from the friend is hearsay, and the original statement about the robbery is also hearsay. Since neither statement meets an exception, the entire hearsay within hearsay is excluded.
Memory hook
Each layer of hearsay needs its own ticket to ride the admissibility train.
The trap
Examiners often present scenarios where students mistakenly believe that one exception can cover multiple layers of hearsay, leading to incorrect conclusions about admissibility.
How examiners test it
Questions typically involve a fact pattern with multiple hearsay statements, requiring candidates to analyze each layer for admissibility under the rules of evidence.
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