Impeachment of Witnesses Under FRE 607-609
Witness impeachment under FRE 607, 608, and 609 determines how parties may attack a witness's credibility in federal court. Bar exam takers and law students need to distinguish prior conviction rules, character for untruthfulness, and the prohibition on extrinsic evidence to succeed in Evidence courses and on the bar.
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5 Cards10-year time limit under FRE 609(b)
Extrinsic evidence rule under FRE 608(b)
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What is the difference between FRE 608 and FRE 609 impeachment?
FRE 608 allows impeachment through character for untruthfulness or specific bad acts on cross-exam. FRE 609 specifically governs prior criminal convictions, with different admissibility standards depending on the crime's age and type.
Can a party impeach its own witness?
Yes. Under FRE 607, any party — including the party who called the witness — may impeach them. This overturned the old common law voucher rule.
What crimes are automatically admissible for impeachment?
Under FRE 609(a)(2), crimes involving dishonesty or false statement (e.g., perjury, fraud, embezzlement) are automatically admissible to impeach any witness, without a FRE 403 balancing test.