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Friday, October 24, 2014

Evidence Rule 608

Rule 608. Evidence of Character for Truthfulness or Untruthfulness and Evidence of Prior False Accusation

(a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, provided, however, that the evidence relates only to the witness character for truthfulness or untruthfulness, and provided further that 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. Except as otherwise provided by Rule 609 and by paragraph (b) of this rule, a trait of character cannot be proved by specific instances of conduct.

(b) The credibility of a witness in a criminal case may be attacked by evidence that the witness made a prior false accusation against any person of a crime similar to the crime with which defendant is charged if the judge preliminarily determines, by a hearing pursuant to Rule 104(a), that the witness knowingly made the prior false accusation.

HISTORY:Adopted September 15, 1992 to be effective July 1, 1993; caption amended, text redesignated as paragraph (a) and amended, and new paragraph (b) adopted September 12, 2006 to be effective July 1, 2007.

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