Written by attorneys · grounded in primary & secondary sources — see below
An unrestricted class of admissible proof offered to establish or refute a fact. When a hearsay statement has been admitted, the declarant's credibility may be attacked or supported by any material that would be admissible for those purposes if the declarant had testified as a witness.
Prosecutors offer a co-defendant's out-of-court admission that implicates Albert Allen in a robbery. Allen presents phone records and witness statements showing the co-defendant was elsewhere at the time. The court weighs all of this material to decide whether corroborating circumstances clearly indicate the admission's trustworthiness.
Avalon Pharmaceuticals introduces a former employee's email admitting it directed false billing practices. The employee now works abroad and will not appear. The defense offers records of an internal investigation into the employee's falsified training logs. The court admits the records to attack the declarant's credibility exactly as it would if the employee had testified.
Select any source to read its text and confirm it supports the definition.
Officers seize documents from Alexandra Armstrong's office under a warrant that lists specific files plus a catch-all phrase for other evidence of crime. Armstrong moves to suppress, arguing the phrase converts the warrant into a prohibited general search. The court examines whether the additional phrase rendered the warrant fatally overbroad.
Angela Acosta receives use and derivative-use immunity and is compelled to testify before a grand jury. She later claims the government used her testimony to develop new leads. The court requires the government to show that all its evidence came from independent sources.
The Special Prosecutor subpoenas Oval Office tapes from President Richard M. Nixon. Nixon asserts absolute privilege. The court reviews whether the need for the evidence in a criminal trial outweighs the confidentiality interest and orders production of relevant portions.
An administrative agency finds that Atlas Ventures violated labor standards. On review, the court checks whether the record contains any evidence that could support the agency's conclusion rather than reweighing all testimony itself.
No. Rule 806 places the declarant in the same position as a testifying witness. Therefore the limits of Rule 608(b) still apply and bar extrinsic proof of specific instances offered only to show character for untruthfulness.
Supporting sources
The court must examine the totality of circumstances under which the statement was made and any evidence that supports or undermines its trustworthiness.
Supporting sources
The court may admit such evidence regardless of when the inconsistency occurred and regardless of whether the declarant had an opportunity to explain or deny it.
Supporting sources
…Congress has the power to provide for suspensions of deportation without a one-House veto. But the Court has failed to identify any evidence that Congress intended to exercise that power. On the contrary, Congress' continued insistence on retaining control of the suspension process indicates that it has never been disposed to…