FRE · Rule 806
Rule 806 addresses the admissibility of statements made by witnesses who are not available for cross-examination, specifically focusing on hearsay evidence.
Source: FRE Rule 806
When a hearsay statement, or a statement defined as hearsay, has been admitted in evidence, the credibility of the declarant may be attacked, and if the declarant is a witness, may be supported by evidence that meets the following conditions: (1) the declarant's credibility may be attacked by any evidence that impeaches the declarant's credibility; and (2) the declarant's credibility may be supported by evidence that provides that the declarant’s statements are trustworthy.
FRE Rule 806 allows attorneys to challenge and defend the credibility of a person who made a hearsay statement, even when that person is not present in court. This means that if a hearsay statement is introduced, the character and reliability of the person who made it can still be addressed.
The purpose of this rule is to ensure that hearsay statements can be examined for their credibility even when the declarant cannot be cross-examined. This maintains fairness in the evaluation of such evidence.
A party may introduce evidence to challenge the credibility of the declarant whose hearsay statement is being used.
A party may also introduce evidence to support the credibility of the declarant if their hearsay statement is admitted.
This case reaffirmed the principles of Rule 806 regarding the admissibility of hearsay and emphasized the ability to challenge the credibility of the declarant.
FRE Rule 806 may be tested in the context of hearsay discussions, particularly focusing on the implications and strategies for challenging or supporting a declarant's credibility.