Testifying about something heard from someone who heard it from another person is known as hearsay within hearsay. This type of testimony is typically not permitted in court as it is not based on the witness’s own knowledge and depends on the credibility of others. It is also referred to as double hearsay or multiple hearsay. Each level of hearsay must meet exceptions to the rule against hearsay in order to be admissible in court.
Hearsay within hearsay refers to a statement that includes additional hearsay statements. In other words, the original statement is based on what someone else said, and that person’s statement is also based on what someone else said. Both statements may not be admissible in court unless exceptions to the hearsay rule can be applied to each level. For example, if a witness testifies that their friend told them they saw a man steal a purse, this is hearsay. However, if the friend’s statement also includes information from another person, such as their neighbour saying they saw the man run away, then this becomes hearsay within hearsay. Both the friend’s statement and the neighbour’s statement may not be admissible unless exceptions to the hearsay rule can be applied to each level. Another example is when a police officer testifies that they heard a dispatcher say over the radio that a witness reported seeing a red car speeding away from a crime scene. This is hearsay because the officer did not witness the witness’s report themselves. However, if the dispatcher’s statement also includes information from the witness, such as the witness saying they saw a man wearing a blue shirt driving the car, then this becomes hearsay within hearsay. Both the dispatcher’s statement and the witness’s statement may not be admissible unless exceptions to the hearsay rule can be applied to each level.
Hearsay within hearsay refers to a situation where a statement made by a person is repeated by another person who heard it from the first person. In other words, it is a second-hand account of a statement.
Generally, hearsay within hearsay is not admissible in court unless it falls under an exception to the hearsay rule. The court will assess the reliability and trustworthiness of the statement before determining its admissibility.
Some exceptions to the hearsay rule that may allow hearsay within hearsay to be admitted include statements made for medical diagnosis or treatment, statements against interest, and statements made in the regular course of business.
No, hearsay within hearsay cannot be used as evidence to prove the truth of the matter asserted unless it falls under an exception to the hearsay rule. It is generally considered unreliable and lacks firsthand knowledge.
A party can challenge the admissibility of hearsay within hearsay by objecting during trial and arguing that it does not meet the requirements of an exception to the hearsay rule. The court will then evaluate the objection and make a ruling.
Yes, hearsay within hearsay can be used to impeach a witness’s credibility. If a witness makes inconsistent statements or contradicts themselves, the opposing party can introduce the hearsay statements to challenge the witness’s reliability.
No, there are no circumstances where hearsay within hearsay is automatically admissible. It must meet the requirements of an exception to the hearsay rule and be deemed reliable by the court.
Yes, hearsay within hearsay can be used in civil cases if it meets the requirements of an exception to the hearsay rule. However, the court will still evaluate its reliability and relevance before admitting it as evidence.
Yes, hearsay within hearsay can be used in criminal cases if it meets the requirements of an exception to the hearsay rule. However, the court will still evaluate its reliability and relevance before admitting it as evidence.
The hearsay rule is designed to ensure that only reliable and trustworthy evidence is presented in court. It aims to prevent the admission of second-hand statements that may be inaccurate, misleading, or lacking in firsthand knowledge.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/hearsay-within-hearsay/
- Modern Language Association (MLA):Hearsay Within Hearsay. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/hearsay-within-hearsay/.
- Chicago Manual of Style (CMS):Hearsay Within Hearsay. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/hearsay-within-hearsay/ (accessed: May 09 2024).
- American Psychological Association (APA):Hearsay Within Hearsay. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/hearsay-within-hearsay/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts