W.Va. R. Evid. 806

As amended through January 31, 2024
Rule 806 - Attacking and Supporting the Declarant's Credibility

When a hearsay statement - or a statement described in Rule 801(d)(2)(C), (D), or (E) - has been admitted in evidence, the declarant's credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence of the declarant's inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or deny it. If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross-examination.

W.va. R. Evid. 806

COMMENT ON RULE 806

Rule 806 is taken verbatim from its federal counterpart. The revised rule is substantively the same as the current State rule and the changes are merely stylistic. There is no intent to change any result in any ruling on evidence admissibility.