( 2 ) another witness whose character the witness being cross-examined has testified about . -6- Last Updated : July 18 , 2016
Rule 609 . Impeachment by Evidence of a Criminal Conviction
( a ) In General . The following rules apply to attacking a witness ’ s character for truthfulness by
evidence of a criminal conviction :
( 1 ) for a crime that , in the convicting jurisdiction , was punishable by death or by
imprisonment for more than one year , the evidence :
( A ) must be admitted , subject to Rule 403 , in a civil case or in a criminal case in
which the witness is not a defendant ; and
( B ) must be admitted in a criminal case in which the witness is a defendant , if the
probative value of the evidence outweighs its prejudicial effect to that defendant ; and
( 2 ) for any crime regardless of the punishment , the evidence must be admitted if the court
can determine that establishing the elements of the crime required proving – or the witness ’ s
admitting – a dishonest act or false statement .
( b ) Limit on Using the Evidence After 10 Years . This subdivision ( b ) applies if more than 10
years have passed since the witness ’ s conviction or release from confinement for it , whichever is
later . Evidence of the conviction is admissible only if :