SC · rules
SCRE 806
Attacking and Supporting Credibility of Declarant
When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or (E) has been admitted in
evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any
evidence which would be admissible for those purposes if declarant had testified as a witness.
Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's
hearsay statement, is not subject to any requirement that the declarant may have been afforded an
opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls
the declarant as a witness, the party is entitled to examine the declarant on the statement as if under
cross-examination.
Note:
The rule is identical to the federal rule. However, it is a departure from prior South
Carolina case law. There are cases which have addressed a similar matter by holding
that a declarant who made a dying declaration could not be impeached with an
inconsistent statement that did not independently fall within a hearsay exception.
State v. Brown, 108 S.C. 490, 95 S.E. 61 (1918); State v. Taylor, 56 S.C. 360, 34 S.E. 939
(1900).
Provenance
- Source
- www.sccourts.org
- Retrieved
- 2026-10-02
- Edition
- supplied-sc-04-print-version-2026-10-02
- Content hash
0f7e9be041259b4b9f6e2dec89f22f5c915329dcad93a48bf6b5a8d98d38dbcd
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