Rule 806 — Attacking and Supporting the Declarant’s Credibility

Fed. R. Evid. 806

• Source: Federal Rules of Evidence
• Rule: 806
• ARTICLE VIII: HEARSAY
• Citation: Fed. R. Evid. 806

Text

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.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 2011, eff. Dec. 1, 2011.)