Impeachment: Impeachment of Hearsay Declarant, Rehabilitation

Question 1

What is the general rule re: impeachment of a hearsay declarant?

Answer 1

• UNDER FRE, credibility of hearsay declarant may be attacked (and if attacked, may be supported) in same manner as if he was witness
• declarant NEED NOT be given opportunity to explain or deny prior inconsistent statement
• Party AGAINST WHOM out-of-court statement is offered may call declarant as a witness and cross-examine him as to statement

Question 2

In general, what are the methods of rehabilitation of a witness who has been impeached? (3)

Answer 2

1. explanation on re-direct
2. Good reputation for truthfulness
3. Prior consistent statement

Question 3

What is the rule w regards to rehabilitation by “good reputation for truthfulness”?

Answer 3

If witness’s character for truth or veracity has been attacked, other witnesses may be called to:

1. testify to the good reputation for truthfulness of impeached witness; OR
2. give their opinions as to truthfulness of impeached witness

Question 4

What are the rules w regards to rehabilitation by “prior consistent statement”?

Answer 4

1. If testimony has been attacked by EXPRESS or IMPLIED charge that witness is lying/exaggerating due to a MOTIVE, a previous consistent statement made BEFORE the motive arose is ADMISSIBLE to rebut
2. If witness’s testimony is attacked on a different ground (other than general attack on character for truthfulness), then counsel may introduce a PRIOR CONSISTENT STATEMENT IF, under the circumstances, it has a SPECIAL TENDENCY to rehabilitate the witness’s credibility
   EXAMPLE –> if attacked on inconsistency or sensory grounds

NOTE –> a prior consistent statement to rehabilitate impeachment witness is ALSO admissible as substantive evidence of TRUTH of its contents