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.
Rule 2:805.HEARSAY WITHIN HEARSAY
Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 2:805 admits hearsay within hearsay — a statement containing another out-of-court statement — as long as each layer independently satisfies its own exception to the hearsay rule.
Full Text of Rule 2:805
Plain-English Summary
Rule 2:805 addresses layered hearsay: a statement that itself repeats or contains another out-of-court statement, such as a business record that quotes what a customer said, or a witness testifying about what someone told her another person said. Rather than excluding these multi-layered statements outright, the rule sets a layer-by-layer test.
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. Every layer has to clear its own hurdle — the outer statement needs an exception, and so does the inner statement embedded within it. One layer qualifying does not carry the other layer with it.
In practice, applying Rule 2:805 means working through the statement from the outside in, identifying each discrete hearsay layer, and checking each one against the exceptions in Rule 2:803, Rule 2:803.1, or Rule 2:804 — or against a statutory or case-law exception recognized under Rule 2:802. Only if every layer independently fits an exception does the whole combined statement come in.
Frequently Asked Questions
What does hearsay within hearsay mean under Virginia’s evidence rules?
It refers to a statement that contains another out-of-court statement within it — for example, a record that quotes what someone told the record-keeper, creating two separate hearsay layers.
Is multi-layered hearsay automatically excluded in Virginia?
No. Rule 2:805 admits it as long as each part of the combined statements conforms with its own exception to the hearsay rule.
If the outer layer of a hearsay-within-hearsay statement fits an exception, does that make the inner layer admissible too?
No. Rule 2:805 requires each part of the combined statement to independently satisfy an exception — one layer qualifying does not excuse the other.
Where would a party look to find the exceptions that could satisfy each layer under Rule 2:805?
The exceptions in Rule 2:803, Rule 2:803.1, and Rule 2:804, along with any exception recognized by statute or case law under Rule 2:802.
Does Rule 2:805 create a new hearsay exception of its own?
No. It does not create an exception; it explains how to apply the existing exceptions when a statement contains more than one layer of hearsay.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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