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. [L 1980, c 164, pt of §1]



 



RULE 805 COMMENTARY



 



  This rule is identical with Fed. R. Evid. 805. 
Because the principal concern in determining the admissibility of hearsay
evidence is the assurance of trustworthiness, multiple hearsay creates a
multi-level requirement for such assurance.  However, if each level of hearsay
independently meets the requirements for admissibility under an applicable
hearsay exception, the circumstantial guarantee of trustworthiness for such a
statement is as great as for single-level hearsay.



  Instances of multi-level hearsay evidence are by no means
uncommon.  For example, former testimony of an unavailable witness, which
qualifies for admissibility under Rule 804(b)(1), might contain testimony of an
excited utterance, a statement against interest, or an admission by a
party-opponent.  Business records evidence presents multiple hearsay problems
in cases where informants are not under a business duty, see the commentary to
Rule 803(b)(6) supra.  As long as each level meets the requirement of
independent qualification, this type of evidentiary complexity offers no unique
problem.