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Whether or not your setter is called on an illegal attack has no relevance to her position at the start of the rally. If she is legally in position at the start of the rally, then you shouldn't be penalized with an out of rotation.
However, if she illegally attacks the ball while in the back row, then she will be nailed for an illegal attack. Illegal attacks are judged on the player's position above the vertical plane of the net during the act of playing the ball. Nothing more, nothing less.
Hope that helps!
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