Rule 801(d)(1)(b): Admissibility of Prior Consistent Statements
| Publication year | 1996 |
| Pages | 41 |
| Citation | Vol. 25 No. 1 Pg. 41 |
1996, January, Pg. 41. Rule 801(d)(1)(B): Admissibility of Prior Consistent Statements
Q:Can an attorney rehabilitate a witness by introducing the witness's prior, out-of-court statements that are consistent with the witness's testimony at trial?
A:Yes, where the statement is offered to rebut an express or implied charge against the witness of recent fabrication or improper influence or motive and the witness is subject to cross-examination concerning the statement.
Dennis is an importer of exotic coffees. Priscilla owns a new espresso bar. Dennis agrees to sell Priscilla 100 pounds of Hawaiian Rainforest Blend coffee beans. Priscilla uses the beans in her Mellow Fellow decaf latte special. Hawaiian Rainforest Blend coffee contains twice the caffeine of the average coffee beans. After several jittery customers demand a refund and proclaim that they are taking their business elsewhere, Priscilla pulls her decaf latte special and contacts her lawyer.
Priscilla sues Dennis for fraudulent inducement, claiming that Dennis represented that his Hawaiian Rainforest Blend was naturally decaffeinated. At trial, Dennis denies ever making such a statement to Priscilla and testifies that Priscilla knew exactly what she was buying. On cross-examination, Priscilla's counsel suggests that Dennis has a selective memory for the details of the coffee transaction.
To rehabilitate their client, on redirect, Dennis's counsel question him about a letter he wrote to his daughter after the lawsuit was filed, in which Dennis stated: "Thank goodness for the influx of yuppies into this city. I recently sold 100 pounds of Hawaiian Rainforest Blend to the owner of a new espresso bar who demanded the strongest coffee I had to satisfy her caffeine-addicted clientele." Does the letter constitute inadmissible hearsay?
Rule 801(d) of the Colorado Rules of Evidence ("C.R.E.") defines those out-of-court statements that may be introduced into evidence for the truth of the matter asserted, yet are not considered to be hearsay under the rules. Rule 801(d)(1) (B) provides that:
A statement is not hearsay if (1) the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is...
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