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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

stephens v gilmour, No. 24-cv-4273 (Vt. Super. Ct. 2025)

Citation
stephens v gilmour, No. 24-cv-4273 (Vt. Super. Ct. 2025)
Parent Document
stephens v gilmour, No. 24-cv-4273 (Vt. Super. Ct. 2025)
Jurisdiction
Vermont (state)
Effective Date
2025-12-15

Full Text

514 chars
express or implied charge against the witness of recent fabrication or improper influence or motive.”
V.R.E. 801(d)(1)(B). The U.S. Supreme Court has held that only statements that predate the alleged
motive to lie, truly rebut the charge of improper influence or motive required by the Rule. Tome v. United
States, 513 U.S. 150, 167 (1995). Given that M.G.’s affidavit was signed on October 17, 2025, the
document cannot meet the standard of Tome and limitation of Rule 801(d)(1)(B), regardless of the
foundation.