Prior Consistent Statements: The Dangers of Misinterpreting Recently Amended Fre 801(D)(1)(B)*

Abstract

Federal Rule of Evidence 801(d)(1)(B) has long provided that prior statements consistent with the testimony of a witness who is subject to cross-examination may be introduced and used as substantive evidence when offered “to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying.” At the end of 2014, the rule was amended also to allow prior consistent statements to be introduced as substantive evidence when offered “to rehabilitate the declarant’s credibility as a witness when attacked on another ground.”