Rule 609 admits felony convictions subject to Rule 403 balancing for ordinary witnesses, and admits convictions involving dishonest acts or false statement without balancing. Convictions older than ten years face a reverse balancing test.
Only the conviction, not underlying conduct, is admissible.
Alternative Names:
Conviction Impeachment|Rule 609
Why it Matters?
Crimes of dishonesty are admissible without any balancing, which makes classification the threshold question and one courts have narrowed to convictions whose elements require deceit rather than any offense involving deception. For other felonies, the ten-year limit measured from conviction or release is a hard boundary beyond which admission requires substantially outweighing probative value. Inquiry is confined to the fact, nature, and date.
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Frequently asked questions
Which convictions avoid balancing entirely?
What may be asked?
