RULE 806. ATTACKING AND SUPPORTING
CREDIBILITY OF DECLARANT
If a hearsay statement, or a statement defined in Rule 801(d)(2)
,(iii), (iv), or (v), is 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 thatthe 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.
Rule 806 treats a declarant of hearsay evidence as any other witness by allowing the declarant's credibility to be attacked in accordance with the rules of Article VI. One deviation is required, however, and that is
thata declarant need not have been given an opportunity to deny or explain a statement inconsistent with the hearsay statement. Compare Rule 613(b), NDREv. This is because the inconsistent statement may well have been subsequent to the hearsay statement offered in evidence, precluding bringing it to the declarant's attention.
Rule 806 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
SOURCES: Minutes of Procedure Committee: March 24-25, 1988, page 12; December 3, 1987, page 15; April 8, 1976, page 13; October 1, 1975, page 8. Rule 806, Federal Rules of Evidence; Rule 806, SBAND proposal.
CROSS REFERENCE: Rules 607, 608, 609, NDREv.