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EvidenceProf Blog
Editor: Colin Miller

Court of Appeals of Indiana Finds Trial Judge Improperly Precluded Impeachment of Attorney Whose Deposition Was Introduced at Trial

Similar to its federal counterpart, Indiana Rule of Evidence 806 provides that

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 …

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