“Now suppose, however, that the investigation reveals that the vaunted eyewitness, on whose observations the case likely will turn, was on parole from convictions for welfare fraud, perjury, and filing a false accident report at the time of the collision. In the absence of Rule 806, plaintiff’s counsel could wisely forego calling the eyewitness as a trial witness and simply call the hearer of the excited utterance, perhaps a highly-decorated police officer or a nun.”
—Impeaching the Hearsay Declarant. David Sonensheim.
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