When a hearsay statement, or a statement defined in subparagraph b, c, d or e of paragraph 2 of subsection B of Section 2801 of this title, 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 the declarant's hearsay statement, is not subject to any requirement that the declarant 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 the declarant on the statement as if under cross-examination.
§ 2806.Attacking and Supporting Credibility of Declarant
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceLets any party attack, and then support, a hearsay declarant's credibility with evidence admissible had the declarant testified, permits impeachment by inconsistent statement or conduct without the usual chance to explain, and lets a party calling the declarant as a witness examine them as if on cross-examination.
Full Text of § 2806
Amendment History
Laws 1978, SB 276, c. 285, § 806, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §62, eff. 11/1/2002.
Plain-English Summary
Once a hearsay statement -- or certain statements the Code treats as non-hearsay admissions under Section 2801(B)(2) -- comes into evidence, the declarant becomes fair game for credibility attacks, just as if the declarant had taken the stand. Whatever evidence could impeach or rehabilitate a live witness works here too.
The section relaxes one usual safeguard: evidence of an inconsistent statement or conduct by the declarant, at any time, doesn't require first giving the declarant a chance to deny or explain it. If the party against whom the hearsay statement was admitted then calls the declarant as its own witness, it can question the declarant about the statement as though on cross-examination.
Frequently Asked Questions
Can you impeach someone who never testified but whose out-of-court statement was admitted?
Yes, once the hearsay statement is in evidence, the declarant's credibility may be attacked -- and, if attacked, supported -- with any evidence that would be admissible had the declarant testified.
Do you have to give the absent declarant a chance to explain an inconsistent statement first?
No, this section removes any requirement that the declarant have been afforded an opportunity to deny or explain it.
What happens if the party hurt by the hearsay statement calls the declarant as a witness?
That party can examine the declarant on the statement as if under cross-examination, even though it called the witness.
Does this section cover admissions by a party opponent, or just hearsay exceptions?
Both -- it also reaches statements defined in subparagraphs b, c, d, or e of paragraph 2, subsection B of Section 2801.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: impeaching hearsay declarant oklahoma12 O.S. § 2806FRE 806 oklahoma equivalentattacking credibility of absent declarant oklahoma