How to Rehab Your Witness

What can you do if your witness’s truthfulness has been challenged? Use evidence of the witness’s prior consistent statement to rehabilitate your witness. Here’s how it’s done. To admit evidence of a prior consistent statement of a testifying witness, you’ll need to satisfy the following requirements: If rehabbing after the witness’s prior inconsistent statement has been admitted in evidence (Evid C §§791(a), 1236): The prior consistent statement must have been made before the alleged inconsistent statement was made (Evid C §791(b)); and If the prior consistent statement is a writing, it must be authenticated (Evid C §1401). If rehabbing after an express or implied charge that the witness’s testimony is the result of fabrication, bias, or improper motive (Evid C §§791(b), 1236): The prior consistent statement must have been made before these circumstances are alleged to have arisen (Evid C…

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