Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception. Which rule governs this concept?

Study for the Midlands Rules Of Evidence Test. Enhance your knowledge with flashcards and multiple choice questions, each question comes with explanations. Excel in your exam preparation!

Multiple Choice

Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception. Which rule governs this concept?

Explanation:
The concept tested is how multiple layers of hearsay are treated. Rule 805 specifically says that the rule against hearsay does not exclude a combined statement containing hearsay if each part of that combined statement conforms with an exception. In other words, you assess each layer separately, and if every layer fits a recognized exception, the whole statement can come in. This is why it governs the idea of hearsay within hearsay. Other rules cover different issues: for example, Rule 804 deals with exceptions when a declarant is unavailable; Rule 901 concerns authentication of evidence; Rule 806 addresses impeachment or credibility related to a hearsay declarant. None of those address the multi-layer structure of hearsay the way Rule 805 does.

The concept tested is how multiple layers of hearsay are treated. Rule 805 specifically says that the rule against hearsay does not exclude a combined statement containing hearsay if each part of that combined statement conforms with an exception. In other words, you assess each layer separately, and if every layer fits a recognized exception, the whole statement can come in. This is why it governs the idea of hearsay within hearsay.

Other rules cover different issues: for example, Rule 804 deals with exceptions when a declarant is unavailable; Rule 901 concerns authentication of evidence; Rule 806 addresses impeachment or credibility related to a hearsay declarant. None of those address the multi-layer structure of hearsay the way Rule 805 does.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy