Attacking and Supporting Credibility of Declarant — Rule 806

• Jurisdiction: Colorado

Attacking and Supporting Credibility of Declarant — Rule 806

SUMMARY OF RULE 806

• May attack the credibility of the declarant when a hearsay statement has been admitted into evidence, even if the declarant has not testified.
• May admit evidence supporting the declarant's credibility only if his or her credibility is attacked.
• Credibility evidence must be admissible.
• The party against whom the hearsay statement has been admitted may call the declarant as a witness as if under cross-examination.

LEGAL AUTHORITIES

• The transcript of a witness statement at a prior trial was admitted at the second trial (where the witness was not available) to show inconsistency with the testimony of a police detective as to statements the witness made to the police detective. People v. Ball, 821 P.2d 905 (Colo. App. 1991).

• Where the defendant does not testify at trial, but elicits his or her own hearsay statements through another witness, the jury may hear impeachment evidence of prior felony convictions that would have been admissible if the defendant had testified. People v. Dore, 997 P.2d 1214 (Colo. App. 1999).

PRACTICE TIPS

• CRE 806 creates...