Impeachment by Bad Acts

Question 1

608

Answer 1

“Witness’s Character for Truthfulness or Untruthfulness (608)

(a) Reputation or Opinion Evidence.
a. A witness’s credibility may be attacked or supported by:
i. testimony about the witness’s truthfulness reputation; or
ii. by testimony in the form of an opinion about that character.
iii. Evidence of truthful character is admissible only after the witness’s character is attacked.

(b) Specific Instances of Conduct.
a. Except for a criminal conviction under Rule 609,
b. extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.
c. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
3. (1) the witness; or
4. (2) another witness whose character the witness being cross-examined has testified about.
5. By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.
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