How does Rule 805 treat hearsay within hearsay?

• A. Hearsay within hearsay is admissible only if each layer satisfies an exception or exclusion.
• B. It is admissible if the outer layer satisfies an exception.
• C. It is never admissible.
• D. It is admissible if both layers are from the same source.

Answer: (B)

Rule 805 handles hearsay within hearsay by requiring that every layer of the statement fits inside its own exception or exclusion to the hearsay rule. In other words, you treat the inner out-of-court statement and the outer one separately, and each must be covered by a valid exception or exclusion for the combined statement to be admissible.

This matters because admitting a second, inner layer of hearsay could carry the same risks to reliability as the outer layer. If the outer statement has an exception but the inner statement has no exception at all, the whole chain isn’t admissible. Likewise, even if the inner layer is covered by an exception but the outer layer isn’t, you can’t admit the entire statement. Only when both levels independently satisfy the rules for admissibility can the combined statement be admitted.

So, the practical rule is that hearsay within hearsay is admissible only if each layer is supported by an applicable exception or exclusion.