N.D.R.Ev.
RULE 805. HEARSAY WITHIN HEARSAY
Hearsay included within hearsay is not excluded under the
hearsay rule if each part of the
combined statements conforms with an exception to the hearsay rule provided in these
Rules.
Hearsay 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________________________.
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 would
could be admissible.
Rule 805 was amended, effective ______________, in response to the December 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 _______________; April 8, 1976, page
13. Rule 805, Federal Rules of Evidence Fed.R.Ev. 805; Rule
805, SBAND proposal.