( 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: