Impeachment of hearsay declarant - Next Generation Bar Exam

1. A co-conspirator's statement is admitted against the defendant, who offers the co-conspirator's later denial of the conspiracy. On what basis is it admissible?

   As a prior inconsistent statement impeaching the declarant under FRE 806. The co-conspirator need not be given an opportunity to explain or deny.

2. Under FRE 806, whose credibility may be attacked when a hearsay statement is admitted?

   The declarant's, as if the declarant had testified as a witness. This also applies to statements admitted under FRE 801(d)(2)(C), (D), or (E).

3. An excited utterance is admitted, and the defense calls a witness to testify to the declarant's reputation for untruthfulness. Under what rule is the testimony admissible?

   FRE 806, applying FRE 608(a). Reputation evidence may be used against the declarant as if the declarant had testified.

4. What impeachment methods are available against a hearsay declarant under FRE 806?

   Any method that could be used if the declarant had testified. This includes prior convictions, bias, inconsistent statements, and character for untruthfulness.

5. Under FRE 806, what foundation requirement is waived for a hearsay declarant's inconsistent statement?

   The requirement that the declarant have an opportunity to explain or deny it. The declarant usually is not present to be confronted with the statement.

6. A dying declaration identifying the defendant is admitted. The defendant shows the declarant had a grudge against him. On what basis is this evidence admissible?

   As impeachment of the hearsay declarant for bias under FRE 806. Bias may be shown against a declarant as against any witness.

7. Under FRE 806, what may a party do if it calls the hearsay declarant as a witness?

   Examine the declarant on the statement as if on cross-examination. Leading questions are therefore permitted.

8. What is the status of a hearsay declarant's prior felony conviction under FRE 806?

   It may be used to impeach the declarant, subject to FRE 609. The declarant is treated as a witness for impeachment purposes.

9. Under FRE 806, what may the proponent of a hearsay statement do after the declarant's credibility is attacked?

   Support the declarant's credibility as if the declarant had testified. Rehabilitation follows the same rules as for live witnesses.

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