Lawyers fight tooth and nail over whether a particular statement is admissible hearsay—is it an assertion; if so, is it offered for its truth; and if both conditions are met, is there a hearsay exception that permits it to be heard or seen. And then they stop. But as a recent Pennsylvania Superior Court opinion makes clear, the judge’s decision to allow the hearsay testimony in no way precludes a lawyer from attacking it.

The case is Commonwealth v. Williams, 2021 Pa. Super. LEXIS 32, *11, 2021 PA Super 13 (Jan. 26, 2021). And the rule it applies to is one too few lawyers or judges know, and fewer still make use of—Rule 806. The Pennsylvania version is:

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