When a hearsay statement is admitted into evidence, can the declarant's credibility be attacked by evidence that would be admissible if the declarant testified?

When a hearsay statement is admitted into evidence, can the declarant's credibility be attacked by evidence that would be admissible if the declarant testified?

• A. Yes.
• B. No.
• C. Only with extrinsic evidence of bias.
• D. Only for criminal cases.

Answer: (A)

When a hearsay statement is admitted, the declarant’s credibility may be attacked by evidence that would be admissible to attack a witness’s credibility if the declarant testified. This keeps the jury from treating the hearsay statement as inherently reliable just because it’s been admitted. So you can introduce impeachment evidence such as bias or interest the declarant might have in the outcome, sensory or memory problems that could affect reliability, and prior inconsistent statements the declarant made about the matter. If the declarant testified, you’d use the same impeachment tools you’d use against any witness; if the declarant didn’t testify, the allowed impeachment remains focused on credibility and reliability rather than the truth of the statement itself. This rule applies in civil and criminal cases, and it isn’t restricted to criminal prosecutions.

When a hearsay statement is admitted, the declarant’s credibility may be attacked by evidence that would be admissible to attack a witness’s credibility if the declarant testified. This keeps the jury from treating the hearsay statement as inherently reliable just because it’s been admitted.

So you can introduce impeachment evidence such as bias or interest the declarant might have in the outcome, sensory or memory problems that could affect reliability, and prior inconsistent statements the declarant made about the matter. If the declarant testified, you’d use the same impeachment tools you’d use against any witness; if the declarant didn’t testify, the allowed impeachment remains focused on credibility and reliability rather than the truth of the statement itself. This rule applies in civil and criminal cases, and it isn’t restricted to criminal prosecutions.