Legal Definitions - hearsay within hearsay

Hearsay within hearsay, also known as double hearsay, refers to a situation where an out-of-court statement, offered in court to prove the truth of what it asserts, itself contains another out-of-court statement that is also offered to prove the truth of what it asserts. In simpler terms, it's a statement that quotes another statement, where both statements are considered hearsay.

For such evidence to be admissible in court, each layer of hearsay must independently meet the requirements of a specific hearsay exception or exclusion. If even one layer does not qualify, the entire statement is generally inadmissible.

Here are some examples to illustrate this concept:

• Example 1: Police Report Quoting a Witness Quoting a Suspect

  Imagine a police officer writes a report stating, "Witness A told me that Suspect B exclaimed, 'I'm going to get my revenge!'" If this police report is offered in court to prove that Suspect B actually threatened revenge, it contains hearsay within hearsay.

  • The first layer of hearsay is the police officer's report of what Witness A said (the officer's written statement about Witness A's oral statement).
  • The second layer of hearsay is Witness A's statement about what Suspect B said (Witness A's oral statement about Suspect B's exclamation).

  For the court to consider the suspect's exclamation, both the officer's report of Witness A's statement and Witness A's report of Suspect B's statement would need to fall under separate hearsay exceptions.

• Example 2: Medical Record Citing a Nurse's Summary of a Family Member's Complaint

  Consider a doctor's medical chart entry that reads, "Nurse Smith reported that the patient's daughter, Ms. Jones, stated her mother complained of severe chest pain last night." If this medical record is presented in court to prove the patient actually had severe chest pain, it involves hearsay within hearsay.

  • The first layer of hearsay is the doctor's written entry about what Nurse Smith reported (the doctor's statement about the nurse's statement).
  • The second layer of hearsay is Nurse Smith's report of what Ms. Jones stated (the nurse's statement about the daughter's statement).
  • The third layer of hearsay (though not always treated as such if offered for medical diagnosis/treatment) is Ms. Jones's statement about what her mother complained of (the daughter's statement about the patient's complaint).

  For the patient's complaint of chest pain to be admissible through this record, each step—from the doctor's entry, to the nurse's report, to the daughter's statement—would need to satisfy a distinct hearsay exception (e.g., medical records exception, statement for medical diagnosis or treatment).

• Example 3: Email from an Employee Forwarding a Customer's Complaint About a Competitor

  Suppose a company is suing a competitor for false advertising. An employee emails their manager, "A customer, Mr. Davis, told me that he heard from his neighbor that the competitor's product exploded." If this email is offered in court to prove the competitor's product actually exploded, it is hearsay within hearsay.

  • The first layer of hearsay is the employee's email to the manager (the employee's written statement about what Mr. Davis said).
  • The second layer of hearsay is Mr. Davis's statement to the employee about what his neighbor said (Mr. Davis's oral statement about the neighbor's oral statement).
  • The third layer of hearsay is the neighbor's statement that the product exploded (the neighbor's oral statement about the product).

  For the court to consider the claim that the product exploded, each of these statements would need to fall under an applicable hearsay exception.