Article VIII. Hearsay

Rule 806. Attacking and Supporting Credibility of Declarant

When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant’s hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross-examination.

Advisory Commission Comments

The rule makes clear that hearsay declarants are subject to impeachment to the same extent as trial witnesses. if the method of impeachment is by prior inconsistent statement, such statement is not excluded for failure to provide the declarant an opportunity to explain. See Rule 613(b).


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