MBE Fast Fact: Hearsay within Hearsay

When analyzing a "hearsay within hearsay" MBE question, the best approach is to analyze each potential hearsay problem individually. Think of all potential hearsay problems as a chain; if one link fails to fall within an exception to the rule against hearsay, then the chain breaks, and the evidence is inadmissible.

Remember that the initial consideration should be whether the statement is hearsay before examining the exceptions. It's possible that the statement is being offered for some purpose other than the truth of the matter asserted (not hearsay), or that the statement satisfies one of the exemptions to the rule against hearsay (prior statements or admissions). But if the statement is being offered for the truth of the matter asserted, and no exemption applies, then the next step is to run through the exceptions, depending upon whether the witness is available or unavailable. If the question implicates a "hearsay within hearsay" situation then use the above approach for each potential hearsay problem within the facts, and if there is an exception for each potential hearsay problem within the given fact pattern, then admit the evidence.