Hearsay included within hearsay is not excluded under the hearsay rule provided that each part of the combined statements conforms with an exception to the hearsay rules.146 Each hearsay aspect must qualify independently under an exception to the hearsay rule.147
For example, where a party seeks to introduce records under the exception for records of regularly conducted activity, also known as the “business records” exception to the hearsay rule,148 and the records contain information derived from outside of the business making the record, that “outside” information constitutes an additional layer of hearsay, and must be admissible separately under one of the hearsay exceptions.149
146. D.R.E. 805.
147. Ozdemir v. State, 96 A.3d 672, 675 (Del. 2014); Johnson v. State, 983 A.2d 904, 930 (Del. 2009); Flonnory v. Statem 893 A.2d 507, 516 (Del. 2006).
148. See § 16:4.
149. Princess Hotels Int’l, Inc. v. Delaware State Bar Association, C.A. No. 95C-01-062, slip op. at 8, Lee, J. (Del. Super. Mar. 10, 1998); Monsanto Co. v. Aetna Casualty and Surety Co., C.A. No. 88C-JA-118, slip op. at 5, Ridgely, J. (Del. Super. Dec. 21, 1993).
© 2014 David L. Finger