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ARTICLE VI. WITNESSES

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Rule 602
Rule 608
Rule 609
Rule 612
Rule 613
Rule 616
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 608. Evidence of Character and Conduct of Witness [changes highlighted]

       [(a) Opinion and reputation evidence of character.] The credibility of a witness may be attacked or supported by evidence [in the form of opinion or reputation,] of specific instances of conduct of a witness but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, [and] (2) the proponent has evidence that is reasonably believed to be admissible, (3) the witness being impeached has been confronted with the conduct and denied it, and (4) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked [by opinion or reputation evidence or otherwise.]

       [(b) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' credibility, other than by conviction of a crime as provided in Rule 609, may not be proved by extrinsic evidence They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthful-ness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.]

       The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination when examined with respect to matters which relate only to credibility.

Click here to see commentary on Revised Article 608.

Revised Rule 608. Evidence of Character and Conduct of Witness [clean copy]

       The credibility of a witness may be attacked or sup-ported by evidence of specific instances of conduct of a witness but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, (2) the proponent has evidence that is reasonably believed to be admissible, (3) the witness being impeached has been confronted with the conduct and denied it, and (4) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination when examined with respect to matters which relate only to credibility.

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