HRS 0626-0001-0806 ANNOTATIONS

RULE 806 COMMENTARY

This rule is identical with Fed. R. Evid. 806 except that the phrase, "or a statement defined in Rule 801(d)(2)(C), (D), or (E)," is omitted as superfluous, inasmuch as these categories of party-opponent admissions are treated in these rules as hearsay exceptions under Rule 803(a) supra. As the Advisory Committee's Note to Fed. R. Evid. 806 puts it: "The declarant of a hearsay statement which is admitted in evidence is in effect a witness. His credibility should in fairness be subject to impeachment and support as though he had in fact testified."

 

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