Rule 806 — Attacking and supporting the declarant's credibility

Section VIII · Hearsay

Rule 806. Attacking and supporting the declarant's credibility

2024 Manual for Courts-Martial, United States

When a hearsay statement - or a statement described in Mil. R. Evid. 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 military judge 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.

Cross-referencesCites 1

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No other provision on this site cites Rule 806.

Rule 806 cites

Provisions named in the text of Rule 806. Where the cited provision is on this site, the link opens it.

Mil. R. Evid. 801(d)(2)(C)