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Minnesota Legislature

Office of the Revisor of Statutes

EVIDENCE

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.

Committee Comment - 1977

Where double hearsay is involved the statement is admissible if each step in the transmission of the statement qualifies under an exception to the hearsay rule. Usually this question arises with respect to documentary evidence that includes a hearsay statement. For example, a hospital record that includes a spontaneous statement of a patient indicating present pain would not be excluded by the hearsay rule. See Rule 803(3), (4), and (6).