Hearsay within hearsay is not excluded under s. 90.802, provided each part of the combined statements conforms with an exception to the hearsay rule as provided in s. 90.803 or s. 90.804.
Fla. Stat. § 90.805 — Hearsay within hearsay
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Multiple Layers of Hearsay: This rule addresses "hearsay within hearsay," also known as "double hearsay." This occurs when an out-of-court statement contains another out-of-court statement within it.
The Core Principle: For the combined statement to be admissible, **each separate layer** of hearsay must have its own, independent exception under the evidence code. If even one layer of the hearsay does not fit an exception, the entire combined statement is inadmissible.
Example:
A police officer's report is offered into evidence. The report includes a quote from a witness at an accident scene. There are two layers of hearsay here:
• Hearsay Layer 1 (The Report): The police report is an out-of-court statement offered to prove its contents. It might be admissible under the **Public Records** exception (§ 90.803(8)).
• Hearsay Layer 2 (The Witness Statement): The witness's statement within the report ("The blue car ran the light!") is also an out-of-court statement. It might be admissible under the **Excited Utterance** exception (§ 90.803(2)).
Because an exception can be found for both layers of hearsay, the witness's statement within the police report would be admissible under this rule.
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Cite as Fla. Stat. § 90.805 (2024)
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