Rule 805 - Hearsay within HearsayHearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
EXPLANATORY NOTE Rule 805 was amended, effective 3/1/2014. Rule 805 provides that double or multiple hearsay statements are not to be excluded if each step is admissible under a hearsay exception. Thus, a dying declaration containing another declarant's statement of his present sense impression could be admissible. Rule 805 was amended, effective 3/1/2014, in response to the12/1/2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility. SOURCES: Joint Procedure Committee Minutes of of9/27/2012, page 25;4/8/1976, page 13. Fed.R.Ev. 805; Rule 805, SBAND proposal.