Also known as: FRE 609 · Fed. R. Evid. 609 · Rule 609
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence that governs the admissibility of criminal convictions to attack a witness's character for truthfulness. The rule distinguishes between crimes involving dishonesty or false statement, which are automatically admissible, and other felonies punishable by more than one year, which are subject to balancing tests that differ based on whether the witness is a criminal defendant. Convictions more than ten years old require both a heightened balancing test and reasonable advance written notice, while pardons, annulments, or certificates of rehabilitation based on innocence or rehabilitation generally bar their use.
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Forrest Falconer testifies for the defense in a contract dispute. Opposing counsel seeks to introduce a document showing Falconer once altered an invoice in a prior job. The court bars the document but permits questions on cross-examination about the incident because it bears on truthfulness.
Fabian Flynn faces drug charges and moves in limine to exclude his prior conviction. The court rules the conviction admissible for impeachment. Flynn elects not to testify and later tries to appeal the ruling. The appellate court refuses to consider the claim because he never took the stand.
Flora Ford testifies that a coworker is reliable. Defense counsel asks Ford whether she knows the coworker has a criminal record. The court sustains an objection because the conviction may be used only to impeach the coworker directly, not through a third-party witness.
Francesca Fiore testifies for the prosecution. Defense counsel offers an earlier statement she made before any alleged motive to lie arose. The court admits the statement only after confirming it predates the motive, satisfying the premotive requirement for rehabilitation.
Fumiko Fujimoto is on trial and the court rules her prior conviction admissible. On direct examination she admits the conviction herself. On appeal she may not challenge the in limine ruling because she introduced the evidence.
Felicity French testifies for the plaintiff. Defense counsel seeks to show French belongs to an organization whose rules require members to protect one another in litigation. The court permits the inquiry because it demonstrates bias independent of any religious tenet.
The rule requires that the probative value of the conviction outweigh its prejudicial effect to the defendant before a felony conviction may be admitted. This standard applies only when the defendant testifies and the conviction is not one involving dishonesty or false statement.
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The proponent must give the adverse party reasonable written notice of the intent to use the conviction so the opponent has a fair opportunity to contest its use. Notice given only after the conviction is discovered mid-trial may be insufficient.
…such a change." Green v. Bock Laundry Machine Co. , 490 U. S. 504, 521 (1989) (applying that presumption in interpreting Federal Rule of Evidence 609). Nothing in the Advisory Committee's Notes suggests that it intended to alter the common-law premotive requirement. C The Government's final argument in favor of affirmance is that…
…although they do expressly treat impeachment by character evidence and conduct, Rule
…District Court ruled that the prior conviction fell within the category of permissible impeachment evidence
…exchange then took place: Defense: Okay. Were you aware that he was convicted of -- Prosecutor: Objection. This is Rule 609
…The District Court granted the Government's motion in limine to admit her prior felony conviction as impeachment evidence
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A conviction is inadmissible if it was the subject of a certificate of rehabilitation based on a finding that the person has been rehabilitated and the person has no later conviction punishable by more than one year. The bar is categorical once the statutory conditions are met.
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Any conviction whose elements require proof or admission of a dishonest act or false statement must be admitted regardless of the punishment authorized, subject only to the time limits in subdivision (b).
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Juvenile adjudications are generally inadmissible for impeachment in civil cases. The rule contains no exception comparable to the Confrontation Clause protection available in some criminal prosecutions.
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