Evidence: Testimonial Evidence: Witnesses: Rehabilitation

Rehabilitation – generally, a witness may be rehabilitated only after the witness’s credibility has been attacked through impeachment. The following methods may be used to rehabilitate:

    • Good Reputation (character) for Truth – if a witnesses character for truthfulness and veracity has been attacked, other witnesses may be called to testify to the good reputation for truth of the impeached witness.
      • Form of testimony:

        FED = reputation or opinion;

        Evidence of specific acts = NOT ALLOWED.

    • Prior Consistent Statement – A prior consistent statement may be used to rehabilitate if the prior statement is consistent with the witness’s trial testimony; the opposing party has suggested through impeachment that the witness has a motive to lie or exaggerate, and the prior statement was made before the motive to lie arose. The previous statement is also substantive evidence of the truth of its contents.