O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Hearsay included within hearsay shall not be excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule.
History
Code 1981, § 24-8-805, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Annotations
Cross references. Hearsay within hearsay, Fed. R. Evid. 805.
JUDICIAL DECISIONS Editor’s notes. - In light of the reenactment of this Title, effective January 1, 2013, the reader is advised to consult the annotations following Code Sections 24-8803 and 24-8-804 for notes on hearsay exceptions and their applicability. In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 24-3-1 are included in the annotations for this Code section. Double hearsay inadmissible in property action. - Trial court did not err in granting a property owner’s motion in limine to exclude evidence that a father of a record title holder’s descendant told the descendant that the father told the owner’s brother that the brother could not build a house on property because the evidence was double hearsay and inadmissible. DeFoor v. DeFoor, 290 Ga. 540, 722 S.E.2d 697, 2012 Ga. LEXIS 88 (2012) (decided under former O.C.G.A. § 24-3-1). Even if the investigator’s report was admissible under the business records ex-
ception to the hearsay rule, the summary of the statement of a student was not subject to an exception and, thus, both parts of the hearsay were not covered as required. Tuggle v. Rose, 333 Ga. App. 431, 773 S.E.2d 485, 2015 Ga. App. LEXIS 396 (2015), cert. denied, No. S15C1862, 2015 Ga. LEXIS 813 (Ga. Nov. 2, 2015). Unidentified person reading from unidentified paper inadmissible. - Following an apartment resident’s death due to asthma, allegedly linked to a gas leak in the apartment, testimony from a friend that an unknown person was reading from a paper outside the apartment that the resident had called to report a gas leak was inadmissible hearsay within hearsay. There was no evidence that the paper was a business record of the gas company; for example, there was no logo or trademark on the paper. Goodhart v. Atlanta Gas Light Company, 349 Ga. App. 65, 825 S.E.2d 465, 2019 Ga. App. LEXIS 108 (2019).
Notes of Decisions
Cited in
11
cases (
6 in the last 5 years), 2015–2026 · leading case:
Grier v. State, 869 S.E.2d 423 (Ga. 2022).
Grier v. State, 869 S.E.2d 423 (Ga. 2022).
· cites it 4× “See OCGA § 24-8-805 (“Hearsay included within hearsay shall not be excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule.”
Robbins v. State, 793 S.E.2d 62 (Ga. 2016).
· cites it 2× “In this regard, the potential hearsay within hearsay as conveyed through the testimony of the police officer and Susan’s daughter must be independently evaluated for admissibility SeeOCGA § 24-8-805 (“Hearsay included within hearsay shall not be excluded under the hearsay rule…”
Mosley v. State, 785 S.E.2d 297 (Ga. 2016).
· cites it 2× “Phillips testified at Mosley’s trial, and his testimony was consistent with what C. N. described; Phillips said that he and Mosley went to the victim’s apartment complex, that Mosley shot the victim, and that he told his friend about the shooting.”
Downer v. State, 878 S.E.2d 537 (Ga. 2022).
· cites it 4× “540, 545 (2) (668 SE2d 711) (2008) (“At a bench trial such as this, the trial 13 See OCGA § 24-8-805 (“Hearsay included within hearsay shall not be excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule.”
Johnson v. The State., 821 S.E.2d 76 (Ga. Ct. App. 2018).
· cites it 2× “While trial counsel for the defendant objected to the content of the text messages within the records as a "second layer" of hearsay, the trial court did not recognize the double hearsay issue, see OCGA § 24-8-805, and instead ruled that "the State has established that through…”
Tuggle v. Rose Et Al., 773 S.E.2d 485 (Ga. Ct. App. 2015).
· cites it 2× “” OCGA § 24-8-805. Assuming without deciding that the investigator’s report attached to her affidavit was admissible under the business records exception, that exception only overcame one layer of hearsay.”
Glenn Goodhart v. Atlanta Gas Light Co. (Ga. Ct. App. 2019).
· cites it 2× “431, 434 (2) ( 773 SE2d 485 ) (2015) (citing OCGA § 24-8-805). New’s testimony presents hearsay within hearsay, each of which must be admissible: (1) the purported contents of the piece of paper indicating that Lauren called AGL about a gas leak; and (2) the first responder’s…”
Lecharles Jacoby Harrell v. State (Ga. Ct. App. 2025).
· cites it 2× “” OCGA § 24-8-805. D. B.’s statements to her aunt and brother were admissible under OCGA § 24- 8-820.”
Scott G. Arnold v. Joshua Liggins (Ga. Ct. App. 2023).
· cites it 2× “”6 Arnold contends that Liggins’s complaint of back pain was a present sense impression within the meaning of OCGA § 24-8-803 (1), which provides that “[a] statement describing or explaining an event or condition made while the declarant was perceiving the event or condition or…”
Glenn v. State (Ga. 2026).
· cites it 2× “See also OCGA § 24-8-805 (“Hearsay included within hearsay shall not be excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule.”
Richard Johnston v. State (Ga. Ct. App. 2025).
“In the absence of any record citation to testimony or a proffer from the case manager or the person who allegedly saw E. R. G.”
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