Federal Rules of Evidence · Article VIII. Hearsay

Rule 806. Attacking and Supporting the Declarant’s Credibility

Federal Rules of Evidence, official text as in effect December 1, 2024.

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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.

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

Source: Federal Rules of Evidence, December 1, 2024, Administrative Office of the United States Courts, uscourts.gov.

This page reproduces the official text of the Federal Rules of Evidence for reference. It is not legal advice and adds no commentary. It does not replace the official publication, local rules, or the law that applies in your court. Check the current official text before relying on it.