Hearsay Within Hearsay — Rule 805

• Jurisdiction: Colorado

Hearsay Within Hearsay — Rule 805

SUMMARY OF RULE 805

• Hearsay included within hearsay is not excluded if each part of the combined statements is an exception to the hearsay rules.

LEGAL AUTHORITIES

• Both the report and the statements therein must be admissible. People v. Raffaelli, 701 P.2d 881 (Colo. App. 1985) (statement in doctor's report testified to by detective and caseworker was not admissible).

• A copy of a child's drawing that was annotated by a police officer to reflect the statements of the child's mother about the drawing was not admissible as multiple hearsay. People v. Guilbeaux, 761 P.2d 255 (Colo. App. 1988).

PRACTICE TIPS

• CRE 805 will allow multiple levels of hearsay where each conforms to an exception to the hearsay rule.

• A doctor's report is generally not the type of information reasonably relied on by another expert.

• Good arguments against admission of multiple hearsay are that the information is confusing...