Chapter 9 - § 9.3 • REHABILITATION IN GENERAL

• Jurisdiction: Colorado

§ 9.3 • REHABILITATION IN GENERAL

The task of the proponent seeking to rehabilitate a witness is to understand the nature of the predicate impeachment and to identify it prior to offering rehabilitative testimony. Failure to do so may render the rehabilitation "bolstering" (introducing evidence supporting a witness's credibility prior to impeachment), which is generally improper as to fact witnesses. Some exceptions to this rule are noted in Chapter 5 in this book, "Corroboration." See also McCormick, supra at § 33. In addition, not all impeachment opens the door to every mode of rehabilitation. People v. Serra, 361 P.3d 1122, 1135 (Colo. App. 2015) (citing Sheila K. Hyatt, Colorado Practice Series, Evidence Law § 611:5 (4th ed., 2014)). The proponent must also be prepared to argue that the proposed rehabilitation is not cumulative or confusing. Because Colorado has not codified rules for rehabilitation, it is left to the common law, which is discussed in detail below. A tabular format will illustrate different forms of impeachment and the section of this chapter discussing the appropriate rehabilitation.

Once the credibility of the witness has been impeached, counsel can use several methods to restore witness credibility, including offering the following:

• Evidence to explain or counter (impeach) the impeaching evidence;
• Evidence attacking the credibility of the impeaching witness if this is not collateral;
• Proof of good character of the impeached witness if bad character is raised;
• Proof of prior consistent statements; and
• Additional evidence of the witness's credibility.

IMPEACHMENT FORM	REHABILITATION	SECTION IN CHAPTER
Contradiction	...