CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......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.