CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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Multiple Hearsay
.........In General
11 Cards On This Topic:
Hearsay statement inside hearsay statement is still admissible if for each such statement valid exception exists.
Hearsay within hearsay may be admitted under Federal Rules Evid.
Multiple hearsay explained.
Evidence that D had confessed murders by phone to his father, who died by time of trial, properly admitted as multiple hearsay: first as party admission and then as a spontaneous statement.
D's hearsay statement to V relevant to identity and properly admitted as party statement; if testimony by others as to V's statements was inadmissible multiple hearsay, no prejudice in light of overwhelming evidence of guilt.
Father's statement to officer as to what D told him about shooting admissible as prior inconsistent statement (father's) and party admission (D's).
Evid. Code §1235 and Evid. Code §1201 permit admission of multiple hearsay where each level constitutes a prior inconsistent statement.
Agency cannot establish amount owed by declaration relying on inadmissible hearsay; reversible error not to sustain D's objection.
While family violence forms were not admissible to prove truth of contents because they had two layers of hearsay and no applicable hearsay rule exception, D not prejudiced by forms' entry into evidence.
Double hearsay inherently uncertain; witness cannot answer potentially significant questions re circumstances under which statement made.
When each level of hearsay contained in statement is subject to exception, entire statement admissible.