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Federal Rules of Evidence (US) QUESTION #3788
Question 1
A plaintiff sues for injuries in a car crash. The defendant offers a certified copy of a police report where the officer wrote: 'Bystander Smith told me the plaintiff ran the red light.' The officer did not see the accident. Is this statement admissible?
  • Yes, under the Public Records exception (Rule 803(8)).
  • No, because it contains 'hearsay within hearsay.'✔️
  • Yes, because it is a certified document.
  • No, because police reports are never admissible in civil cases.
Correct Answer Explanation
Under Rule 805, hearsay within hearsay is admissible only if each part of the combined statements conforms with an exception. While the report might be a public record, the bystander's statement to the officer is a second level of hearsay that requires its own exception.