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SC · rules

SCRE 806

Attacking and Supporting Credibility of Declarant

activein force · 2026-10-02 – presentcompiled-edition

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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