§ 31.11 CALLING HEARSAY DECLARANTS: FRE 806

• Jurisdiction: United States

§ 31.11. CALLING HEARSAY DECLARANTS: FRE 806

Under Rule 806, if a party against whom a hearsay statement is admitted calls the declarant as a witness, that party may examine the declarant "as if on cross-examination." This provision provides an automatic exception to Rule 611(c), which generally prohibits the use of leading questions on direct examination.¹⁰⁸

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Notes:

^[108] See supra § 20.03 (discussing leading questions).