MN Bar Practice Questions - Minnesota Bar Examination Exam

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A witness's prior statement is offered to rehabilitate after an express charge of recent fabrication. Under the Federal Rules, how is a prior consistent statement treated?

It is always inadmissible hearsay It is admissible only as impeachment Under FRE 801(d)(1)(B), it is non-hearsay if offered to rebut a charge of recent fabrication or improper influence and the declarant testifies subject to cross-examination It requires the declarant to be unavailable

Correct Answer:

Under FRE 801(d)(1)(B), it is non-hearsay if offered to rebut a charge of recent fabrication or improper influence and the declarant testifies subject to cross-examination

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