Rule 806  Attacking and supporting
credibility of declarant.  When a hearsay statement has been 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 that the 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. [L 1980,
c 164, pt of §1; gen ch 1985]



 



RULE 806 COMMENTARY



 



  This rule is identical with Fed. R. Evid. 806 except
that the phrase, "or a statement defined in Rule 801(d)(2)(C), (D), or
(E)," is omitted as superfluous, inasmuch as these categories of
party-opponent admissions are treated in these rules as hearsay exceptions
under Rule 803(a) supra.  As the Advisory Committee's Note to Fed. R. Evid. 806
puts it:  "The declarant of a hearsay statement which is admitted in
evidence is in effect a witness.  His credibility should in fairness be subject
to impeachment and support as though he had in fact testified."