What is double hearsay?
Asked by: Dr. Dexter Friesen | Last update: August 21, 2025Score: 5/5 (21 votes)
Definition: Hearsay within hearsay, or double hearsay, occurs when a statement contains another statement, and both are offered as evidence. For example, if a witness testifies about what someone else said, and that person was quoting a third party, both layers of statements are considered hearsay.
What is an example of hearsay?
At the trial, Christine states that Robert's uncle told her that Robert admitted to stealing the car. This statement would be hearsay evidence because Christine was not there to hear the information firsthand. Another example of hearsay evidence would be a man named Thomas hearing gunshots.
What are the three hearsay exceptions?
These five hearsay exceptions are (1) former testimony; (2) dying declarations; (3) statements against interest; (4) a declarant's statements regarding that individual's own family history; and (5) a declarant's statements against a party who caused the declarant's unavailability.
What is multiple hearsay?
Clause 105: Multiple hearsay
This clause sets out the approach which the courts should take to multiple hearsay. "Multiple hearsay" is where information passes through more than one person before it is recorded. It is described in clause 105 as where "A said that B said that C shot the deceased".
Is a conversation between two people hearsay?
g) Other half of a conversation. A statement designed to elicit a response, whether in the form of a question or comment, is generally not hearsay when it is the response that is important.
Double Hearsay | Legal Term Defined (Evidence Definitions for Law School and Bar Exam Prep)
What is hearsay vs double hearsay?
Definition: Hearsay within hearsay, or double hearsay, occurs when a statement contains another statement, and both are offered as evidence. For example, if a witness testifies about what someone else said, and that person was quoting a third party, both layers of statements are considered hearsay.
Is it illegal to record a conversation between you and another person?
Before we get to the exceptions, it's important to know that California follows a “two-party consent” law, also known as an all-party consent law. This means that the consent of all individuals participating in a conversation is required before it can be legally recorded.
How to deal with double hearsay?
Double-level or multiple-level hearsay (hearsay within hearsay) is admissible as evidence if each of the two or more statements qualifies as an exception under the Federal Rules of Evidence. However, the breadth of admissibility provided for with respect to multiple-level hearsay is subject to challenge.
Are text messages hearsay?
Many text will be classified as hearsay, as they are all statements that were made outside of court. However, many texts will be admitted anyway. The party introducing them will argue that they are not being offered for the truth of the matter asserted in the text.
Why is hearsay illegal?
The primary reason for this rule of evidence in California criminal cases is that hearsay statements are not reliable enough to be accepted as valid evidence. Further, they are not made under oath and can't be subjected to cross-examination in court.
What are the 4 dangers of hearsay?
Thus, the four “hearsay dangers” are insincerity, faulty perception, deficiencies in memory, and errors in narration. The rule excluding hearsay serves to guard against these dangers.
Can you impeach your own witness?
Impeachment may not be used as a subterfuge to present evidence that would otherwise be inadmissible; in other words, a party may not impeach its own witness if the party knew beforehand that the witness would testify in a manner making him subject to such impeachment.
Is a receipt considered hearsay?
3d 1373], we explained that "Since invoices, bills, and receipts for repairs are hearsay, they are inadmissible independently to prove that liability for the [39 Cal. 3d 712] repairs was incurred, that payment was made, or that the charges were reasonable. [Citations.]
Is it hearsay to say what someone told you?
Hearsay is a statement made out of court that is presented for the truth of the matter asserted. “Statement” can mean something spoken or written. The purpose of hearsay is to prove that the out-of-court statement is true. If it is not used for this reason, it is not considered hearsay.
What is the hearsay rule for dummies?
Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts. Hearsay evidence is often inadmissible at trial. However, many exclusions and exceptions exist. For something to be hearsay, it does not matter whether the statement was oral or written.
What is the most common hearsay exception?
The following are the most common hearsay exceptions that you might encounter: Admission by the other party (known as “admission by a party-opponent” or “admission against interest”): Statements made by the other party that can be used against him/her will often qualify under this hearsay exception.
Do judges look at text messages?
Under California law, text messages are admissible as evidence in family court proceedings. When presented as evidence, a text message can help support your case or establish accusations of domestic violence, extramarital affairs, child abuse, or financial infidelity.
Are cell phone records hearsay?
Hearsay rules: Generally, courts consider documents and records as hearsay, which is not admissible unless they fall under an exception to the hearsay rule. Business records, including cell phone data, often qualify for such exceptions if they are regularly kept during the course of business.
Are social media posts hearsay?
Hearsay, California Evidence Code § 1200, 1220 – 1390
Hearsay rules also apply to evidence. Social media posts would seem to be hearsay, in that they are statements made by someone who might not be a witness, which an attorney would offer to assert the truth of the matter states.
What is the 805 rule?
Rule 805 states that hearsay within hearsay (commonly described as “double hearsay”) is admissible as long as each part of the statement qualifies under a hearsay exception.
What is triple hearsay?
Employee Garay told the police she heard Doe tell Alcala “Hi Daddy,” and that employee Amparo told Doe “he is not your daddy.” This was triple hearsay: (1) Garay heard Doe and Amparo speak about “daddy;” (2) Garay told the officer what she heard; and (3) the officer wrote in the police report what Garay had related.
Is a diary hearsay?
While a diary is going to be considered hearsay, there are numerous exceptions to hearsay rules that may allow diary entries to be admissible in court. Even if a diary doesn't contain relevant evidence, courts will usually allow the side requesting to see it to make that determination for themselves.
Can I sue someone for recording me without my permission?
Without permission, an individual can face imprisonment and fines. In California, a confidential conversation is defined as a conversation where parties have a reasonable expectation of privacy and that nobody is listening or eavesdropping. Individuals who break this law may be subject to civil damages.
Can I record audio in my own home?
In two-part consent states like California, Florida or Michigan, both or all sides need to give their consent to have their conservation recorded. It is never legal to record a conversation where no one is giving consent.
What is two-party consent?
This means that everyone involved in a conversation must agree to be recorded or be informed that the call is being recorded. Those states are California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.