Main Content

Evidentiary Mechanics

801(e)(1)(B), 613(c): Prior Consistent Statements

Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay ...

(e) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay:

(1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:

(B) is consistent with the declarant’s testimony and is 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.

Rule 613. Witness’s Prior Statement and Bias or Interest

(c) Witness’s Prior Consistent Statement. Unless Rule 801(e)(1)(B) provides otherwise, a witness’s prior consistent statement is not admissible if offered solely to enhance the witness’s credibility.