Attacking and Supporting the Declarant’s Credibility
Federal Rules of Evidence
Rule: 806
Jurisdiction: US
Bluebook Citation: Fed. R. Evid. 806
When a hearsay statement—or a statement described in Rule 801(d)(2)(C), (D), or (E)—has been admitted in evidence, the declar- ant’s credibility may be attacked, and then supported, by any evi- dence that would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence of the declarant’s inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to ex- plain or deny it. If the party against whom the statement was ad- mitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross-examination. (As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 2011, eff. Dec. 1, 2011.)
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