TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 10, 2015
RE: Rule 801, N.D.R.Ev., Definitions That Apply to this Article; Exclusions from Hearsay
Fed.R.Ev. 801 was amended in December 2014 to allow use of a prior consistent statement to rehabilitate the declarant's credibility as a witness when attacked on another ground. The rationale behind this amendment is explained in the attached federal commentary. Basically, the amendment addresses the problem that some prior consistent statements are currently substantively admissible under the hearsay exemption but others such as those that explain a prior inconsistency or rebut a charge of faulty recollection are not.
Proposed amendments to Rule 801 based on the federal amendments are attached.