Rule 805 admits hearsay within hearsay only if each part conforms to an exception. Business records containing third-party statements are the common context.
Each layer must independently qualify.
Alternative Names:
Hearsay Within Hearsay|Multiple Hearsay
Why it Matters?
Medical records and incident reports frequently contain double hearsay, since a record qualifying as a business record may contain a patient's or witness's statement that requires its own exception. The business records foundation covers the record but not the embedded statement. Identifying which portions of a record are embedded statements, and whether each qualifies, is the analysis parties frequently skip when offering entire files.
Frequently Confused with
Related terms
Frequently asked questions
Why do medical records raise the issue?
What analysis is frequently skipped?
