Which Rule describes hearsay within hearsay?

• A. Hearsay Within Hearsay
• B. Former Testimony
• C. Dying Declaration
• D. Authentication and Identification

Answer: (A)

Hearsay within hearsay is the concept tested here. Under Rule 805, a statement that contains another out-of-court statement is treated as hearsay within hearsay. It can be admitted only if every layer of hearsay, both the outer statement and the inner statement, falls under an exception or exclusion or is otherwise admissible on its own. If either layer fails to meet an exception, the entire statement is not admissible.

This is why the option describing hearsay within hearsay is the best fit. The other options refer to different rules or exceptions: Former Testimony deals with using testimony from a prior proceeding when the declarant is unavailable; a Dying Declaration is an exception for statements made under the belief of imminent death; Authentication and Identification concerns proving that a document or item is what it is claimed to be.