Rule · Federal Rules of Evidence

Fed. R. Evid. 806 — Attacking and Supporting the Declarant’s Credibility

Fed. R. Evid. 806

Type
Rule
Source
Federal Rules of Evidence
Jurisdiction
Federal
Date
2026-10-22
Current through
Nov 3, 2026 (Office of the Law Revision Counsel)

When a hearsay statement—or a statement described in Rule 801(d)(2)(C), (D), or (E)—has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence 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 explain or deny it. If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross-examination.

Citator

Fed. R. Evid. 806 — Attacking and Supporting the Declarant’s Credibility is in force in the current edition of the Code, and nothing recorded condemns it.

When a hearsay statement—or a statement described in Rule 801(d)(2)(C), (D), or (E)—has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence 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 explain or deny it. If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross-examination.