Presentation of evidence - Rehabilitation of impeached witnesses

Learning Outcomes

After reading this article, you will be able to identify when and how a witness who has been impeached may be rehabilitated in court. You will understand the main methods of rehabilitation, including prior consistent statements and character evidence for truthfulness, and be able to apply these principles to MBE-style questions.

MBE Syllabus

For MBE, you are required to understand the rules and limits on rehabilitating impeached witnesses. This includes knowing when rehabilitation is permitted, what forms it may take, and the evidentiary standards for each method. You should be able to:

  • Distinguish between impeachment and rehabilitation of witnesses.
  • Identify when prior consistent statements are admissible to rehabilitate a witness.
  • Recognize when evidence of a witness's character for truthfulness may be introduced.
  • Apply the rules for rehabilitation to both lay and expert witnesses.
  • Understand the sequence and timing for introducing rehabilitation evidence.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. After a witness is impeached with a prior inconsistent statement, which of the following is generally admissible to rehabilitate the witness?
    1. Evidence of the witness's prior criminal record
    2. A prior consistent statement made before the alleged motive to fabricate arose
    3. Evidence of the witness's bias
    4. The witness's opinion about the case outcome
  2. When may a party introduce evidence of a witness's good character for truthfulness?
    1. At any time during direct examination
    2. Only after the witness's character for truthfulness has been attacked
    3. Whenever the opposing party consents
    4. Only if the witness is the defendant in a criminal case
  3. Which of the following is NOT a proper method of rehabilitating a witness?
    1. Prior consistent statement
    2. Evidence of truthful character
    3. Evidence of bias
    4. Explanation on redirect examination

Introduction

Rehabilitation of impeached witnesses is a key evidentiary issue on the MBE. When a witness's credibility is attacked, the party who called the witness may seek to restore the witness's credibility using specific methods. However, rehabilitation is only permitted under certain circumstances and must follow strict evidentiary rules.

Impeachment and the Need for Rehabilitation

Impeachment occurs when a party attacks a witness's credibility, often by showing prior inconsistent statements, bias, incapacity, or untruthfulness. Rehabilitation is the process of restoring the witness's credibility after such an attack.

Key Term: Rehabilitation of Witness The process of restoring a witness's credibility after impeachment, using evidence permitted by the rules of evidence.

When Rehabilitation Is Permitted

A party may not bolster or accredit its own witness before the witness has been impeached. Rehabilitation is only allowed after impeachment, and only by methods that directly address the type of impeachment used.

Key Term: Bolstering Attempting to support a witness's credibility before it has been attacked; generally not allowed.

Methods of Rehabilitation

The main methods of rehabilitation are:

  1. Prior Consistent Statements: If a witness is impeached by a prior inconsistent statement or by a suggestion of recent fabrication or improper motive, a prior consistent statement made before the motive arose may be admitted to rebut the impeachment.

Key Term: Prior Consistent Statement A statement made by a witness before an alleged motive to fabricate arose, used to rebut a charge of recent fabrication or improper influence.

Key Term: Prior Inconsistent Statement A statement made by a witness at another time that is inconsistent with the witness's current testimony, used to impeach credibility.

  1. Evidence of Truthful Character: If a witness's character for truthfulness has been attacked (e.g., by reputation, opinion, or specific acts), the opposing party may introduce evidence of the witness's good character for truthfulness.

Key Term: Character for Truthfulness A witness's reputation or opinion for being a truthful person, which may be introduced only after the witness's character for truthfulness has been attacked.

  1. Explanation on Redirect: The witness may explain or clarify facts brought out on cross-examination, especially if the impeachment was based on misunderstanding or incomplete information.

  2. Other Non-Character Methods: In some cases, rehabilitation may be achieved by showing the witness's bias or incapacity was not as significant as suggested, but only if directly responsive to the impeachment.

Limits on Rehabilitation

  • Rehabilitation must directly respond to the type of impeachment.
  • Evidence of truthful character is not allowed unless the witness's character for truthfulness was attacked.
  • Prior consistent statements are only admissible for rehabilitation if they predate the alleged motive to fabricate.

Worked Example 1.1

A witness testifies for the prosecution. On cross-examination, the defense introduces a prior inconsistent statement suggesting the witness recently fabricated her story after being promised a reward. The prosecution seeks to introduce a prior consistent statement the witness made to police before any reward was offered. Is this statement admissible?

Answer: Yes. The prior consistent statement was made before the alleged motive to fabricate (the reward) arose. It is admissible to rehabilitate the witness after impeachment by a charge of recent fabrication.

Worked Example 1.2

During cross-examination, a witness is impeached by evidence that he was convicted of fraud five years ago. On redirect, the party who called the witness wants to introduce testimony from a neighbor that the witness is known as an honest person. Is this allowed?

Answer: Yes, but only because the witness's character for truthfulness was attacked by evidence of a prior fraud conviction. The party may now introduce reputation or opinion evidence of the witness's truthful character.

Exam Warning

Rehabilitation is not permitted simply because a witness is impeached. The method of rehabilitation must match the type of impeachment. For example, prior consistent statements are not admissible to rebut impeachment by bias unless the statement also rebuts a charge of recent fabrication.

Revision Tip

On the MBE, always ask: Was the witness's credibility attacked by character evidence? If not, evidence of truthful character is not allowed.

Key Point Checklist

This article has covered the following key knowledge points:

  • Rehabilitation is only allowed after a witness has been impeached.
  • Prior consistent statements may be used to rebut charges of recent fabrication or improper influence.
  • Evidence of truthful character is admissible only after the witness's character for truthfulness has been attacked.
  • Rehabilitation must directly address the type of impeachment used.
  • Bolstering a witness before impeachment is not permitted.

Key Terms and Concepts

  • Rehabilitation of Witness
  • Bolstering
  • Prior Consistent Statement
  • Prior Inconsistent Statement
  • Character for Truthfulness
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
AdaptiBar
One-time Fee
$395
Assessment Day
One-time Fee
$20-39
BarPrepHero
One-time Fee
$299
Job Test Prep
One-time Fee
$90-350
Quimbee
One-time Fee
$1,199

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal