§ 90.805, Fla. Stat. — Hearsay Within Hearsay
Plain English
Double hearsay—a statement repeated inside another statement—is admissible only if every layer independently fits a hearsay exception. One unexcepted link breaks the whole chain.
From the Courtroom
This is the rule that decides whether a business record stuffed with someone else’s statements comes in, or a police report quoting a bystander. Walk each layer: is the outer statement covered by an exception? Is the statement embedded inside it? If any link lacks its own exception, the whole thing stays out. Build your foundation layer by layer instead of waving at the document as a whole.
Key Points & Authority
- Layered admissibility. Hearsay within hearsay is not excluded under § 90.802 if each part of the combined statements conforms to an exception under § 90.803 or § 90.804.
- Every layer needs its own exception. One unexcepted layer makes the combined statement inadmissible.
- Common battlegrounds: records containing third-party statements, reports quoting witnesses, statements relayed through multiple people.
Federal Parallel
Florida § 90.805 is substantively identical to Federal Rule of Evidence 805 (Hearsay Within Hearsay). Under both, multi-level hearsay is admissible only if each part independently satisfies a hearsay exception. Cross-reference is text-only until the Federal Rules of Evidence Rule Book is built.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
90.805 Hearsay within hearsay.—Hearsay within hearsay is not excluded under s. 90.802, provided each part of the combined statements conforms with an exception to the hearsay rule as provided in s. 90.803 or s. 90.804.
Educational reference. Educational summary of Florida statutory law, not legal advice.
What this rule means in plain English
Double hearsay—a statement repeated inside another statement—is admissible only if every layer independently fits a hearsay exception. One unexcepted link breaks the whole chain.