Is evidence of a statement previously made by a witness admissible by the hearsay rule?

California, United States of America


The following excerpt is from People v. Draughty, C081656 (Cal. App. 2016):

"Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with Section 791." ( 1236.) Such a statement is admissible under section 791 to support a witness's credibility if it is offered after "[a]n express or implied charge has been made that his testimony at the hearing is recently fabricated or is influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen." ( 791, subd. (b).) " '[R]ecent fabrication may be inferred when it is shown that a witness did not speak about an important matter at a time when it would have been natural for him to do so,' and in such a circumstance, 'it is generally proper to permit rehabilitation by a prior consistent statement.' [Citations.]" (People v. Riccardi (2012) 54 Cal.4th 758, 803, overruled on other grounds by People v. Rangel (2016) 62 Cal.4th 1192, 1216.)

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