Section 19-16-37 - (Rule 806) Evidence of credibility of hearsay declarant. - South Dakota Statutes

19-16-37. (Rule 806) Evidence of credibility of hearsay declarant. When a hearsay statement, or a statement defined in subdivision § 19-16-3(3), (4), or (5), 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.

Source: Supreme Court Rule 78-2, Rule 806.