FRE · Rule 608
FRE Rule 608 governs the admissibility of character evidence regarding a witness's truthfulness or untruthfulness. It establishes guidelines for how such evidence may be introduced and considered in court.
Source: FRE Rule 608
Rule 608. A witness's credibility may be attacked or supported by evidence in the form of reputation or opinion, but subject to the following limitations: (a) the evidence may refer only to the witness's character for truthfulness or untruthfulness; and (b) for a witness other than the accused, the evidence may only be offered after the witness's character for truthfulness has been attacked.
FRE Rule 608 allows attorneys to present evidence about a witness's character regarding their honesty. Such evidence can be through opinions or reputation but can only be introduced after the witness's credibility has been questioned.
This rule aims to ensure that the credibility of witnesses can be assessed appropriately without unduly prejudicing a jury by irrelevant character evidence. It helps balance the pursuit of truth with the protection of a witness's reputation.
Allows for evidence that pertains strictly to a witness's character for truthfulness or untruthfulness.
Specifies that character evidence may only be introduced to support a witness's truthfulness after their credibility has been attacked.
This case clarified the limits of using character evidence under FRE 608, emphasizing that it must directly relate to truthfulness or untruthfulness and cannot be used to impeach on unrelated character flaws.
In this case, the court addressed how and when character evidence should be presented, reinforcing the sequence in which it can be introduced as outlined in Rule 608.
Expect questions around the applicability of character evidence to witness credibility, and be familiar with the proper foundational requirements set out by FRE Rule 608.