Rehabilitation of a Witness

Rehabilitation of a Witness

Rehabilitation of a Witness

Rehabilitation may explain an inconsistency, establish the circumstances of a prior statement, or introduce a prior consistent statement where permitted. Rule 801(d)(1)(B) admits certain prior consistent statements as substantive evidence.

Character evidence supporting truthfulness is permitted only after attack.

Alternative Names:

Witness Rehabilitation, Rehabilitating Credibility

Why it Matters?

Prior consistent statements are admissible only to rebut a charge of recent fabrication or improper influence, and only if made before the alleged motive arose. That timing requirement defeats most attempts, since a statement made after the litigation began does not rebut a claim that litigation motivated the testimony. Establishing when the motive arose is the analytical predicate.

Frequently asked questions

When are prior consistent statements admissible?

What defeats most attempts?