Also known as: religious belief of witness · witness's religious beliefs · witness religious beliefs · FRE 610 · religious opinion of witness
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence that bars the admission of a witness's religious beliefs or opinions to attack or support the witness's credibility.
Ronald Reed testifies for the plaintiff about a product's safety based on his inspections. On cross-examination defense counsel asks whether Reed's membership in a religious group that opposes modern technology shows his testimony stems from faith rather than observation. The court sustains the objection because the question uses religious affiliation to undermine credibility.
Rita Russell testifies about cargo conditions during a voyage. Her counsel then asks whether her religious tradition requires absolute honesty in record-keeping to show she told the truth. The court sustains the objection because the question invokes religious belief to support credibility.
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The rule bars any use of religious beliefs or opinions to attack or support credibility even when counsel frames the inquiry as bias. Questions that tie the witness's truthfulness to religious doctrine or vows remain inadmissible regardless of the label placed on the inquiry.
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No. The prohibition applies equally to attacks and to bolstering. Questions that link a witness's truthfulness to religious upbringing or doctrine are excluded even when offered in response to an impeachment of honesty.
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The rule protects every witness who takes the stand. It applies without distinction between parties and nonparty witnesses.
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Evidence of religious conduct is inadmissible when its purpose is to invite the jury to judge the witness's truthfulness by reference to faith. Secular bias shown by concrete actions against a party may be admissible if it can be shown without relying on religious belief as the basis for the inference.
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