NRS
51.069 Credibility of declarant.
1. When a hearsay statement has been
admitted in evidence, the credibility of the declarant may be attacked or
supported by any evidence which would be admissible for those purposes if the
declarant had testified as a witness.
2. Evidence of a statement or conduct by
the declarant at any time, which is inconsistent with the declarant’s hearsay
statement, is not subject to any requirement that the declarant must have been
afforded an opportunity to deny or explain.
3. If the party against whom a hearsay
statement has been admitted calls the declarant as a witness, the party may
examine the witness on that statement as if the witness were under
cross-examination.
(Added to NRS by 1971,
798; A 1979,
25)
EXCEPTIONS
Availability of Declarant Immaterial
Notes of Decisions
Cited in
3
cases, 2000–2019 · leading case:
Byford v. State, 994 P.2d 700 (Nev. 2000).
Byford v. State, 994 P.2d 700 (Nev. 2000).
· cites it 4× “The State also argues the evidence was admissible based on NRS 51.069(1), which provides: "When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for those purposes if the…”
Holmes (Rickie) v. State (Nev. 2017).
· cites it 2× “NRS 51.069(1) provides that "[w]hen a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness.”
Indico (Elinor) Vs. State (Nev. 2019).
“" NRS 51.069(1). Therefore, the district court did not err by ruling that introducing hearsay statements, here the 9-1-1 call, would permit the State to impeach those statements, if inconsistent.”
— Nev. Rev. Stat. § 51.069(1) — 3 cases
Byford v. State, 994 P.2d 700 (Nev. 2000).
“The State also argues the evidence was admissible based on NRS 51.069(1), which provides: "When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for those purposes if the…”
Holmes (Rickie) v. State (Nev. 2017).
“NRS 51.069(1) provides that "[w]hen a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness.”
Indico (Elinor) Vs. State (Nev. 2019).
“" NRS 51.069(1). Therefore, the district court did not err by ruling that introducing hearsay statements, here the 9-1-1 call, would permit the State to impeach those statements, if inconsistent.”
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