Nebraska Revised Statutes

Neb. Rev. Stat. § 27-806 (2026)

Rule 806. Attacking and supporting credibility of declarant; opportunity to explain; examine declarant

✓ current as of July 2026

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When a hearsay statement or a statement defined in subdivision (4)(b)(iii), (iv), or (v) of section 27-801 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 his hearsay statement, is not subject to any requirement that he 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 him on the statement as if under cross-examination.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2007–2021 · leading case: State v. Morrow, 731 N.W.2d 558 (Neb. 2007).

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State v. Morrow, 731 N.W.2d 558 (Neb. 2007). · cites it 26× “See Neb. Rev. Stat. § 27-806 (Reissue 1995). *596 The district court denied admission of the out-of-court statement Ballou allegedly made to Sensenbach claiming responsibility for the “ ‘stuff’ ” in the cup.”

State v. Wood, 966 N.W.2d 825 (Neb. 2021). · cites it 3× “2020)—statements offered against a party that are by a person authorized by the party, by the party’s agent or servant, or by the party’s coconspirator—to be attacked by any evidence that would be admissible for those purposes if the declarant had testified as a witness, without…”

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