MBE Rules · Evidence
Prior consistent statement (801(d)(1)(B))
FRE 801(d)(1)(B)
The rule
A declarant-witness's prior consistent statement is non-hearsay if the declarant testifies and is subject to cross-examination and the statement is offered (i) to rebut a charge of recent fabrication or improper influence/motive, or (ii) to rehabilitate credibility when attacked on another ground. When offered to rebut fabrication, the statement must have been made BEFORE the alleged motive to fabricate arose.
In plain English
Once a witness is accused of making up a story, the party can bring in earlier consistent statements to show the story predates the alleged motive. After 2014 the rule also permits consistent statements to rehabilitate credibility attacked on other grounds (inconsistency, faulty memory).
The trap
Under Tome v. United States, a consistent statement made AFTER the motive to fabricate arose does not qualify to rebut fabrication.
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