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fre 801(d)(1)(b) United States , 513 U.S. 150 (1995), was a case decided by the Supreme Court of the United States that held that under Federal Rules of Evidence Rule 801(d)(1)(B), a prior consistent statement is not hearsay only if the statement was made before the motive to fabricate arose.
(801(d)(1)(c)) For these circumstances to apply, a witness (the "declarant") must be presently testifying in the proceeding and available for cross-examination. If the prior statement is inconsistent with the current statement, the prior statement may be used both for impeachment (to prove the witness is lying) and substantively (for the truth ...
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. [1] In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules.
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However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
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