RULE 5-608. EVIDENCE OF CHARACTER OF WITNESS FOR TRUTHFULNESS OR UNTRUTHFULNESS
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 5-608
RULE 5-608. EVIDENCE OF CHARACTER OF WITNESS FOR TRUTHFULNESS OR UNTRUTHFULNESS
(4) Impeachment of a Character Witness. The court may permit a character witness to be cross-examined about specific instances in which a witness has been truthful or untruthful or about prior convictions of the witness as permitted by Rule 5-609. Upon objection, however, the court may permit the inquiry only if (A) the questioner, outside the hearing of the jury, establishes a reasonable factual basis for asserting that the prior instances occurred or that the convictions exist, and (B) the prior instances or convictions are relevant to the witness's reputation or to the character witness's opinion, as appropriate.
(b) Impeachment by Examination Regarding Witness's Own Prior Conduct Not Resulting in Convictions. The court may permit any witness to be examined regarding the witness's own prior conduct that did not result in a conviction but that the court finds probative of a character trait of untruthfulness. Upon objection, however, the court may permit the inquiry only if the questioner, outside the hearing of the jury, establishes a reasonable factual basis for asserting that the conduct of the witness occurred. The conduct may not be proved by extrinsic evidence.
Committee note: This Rule does not address proof of specific instances of conduct when offered on some theory other than impeachment by past acts indicative of a character trait of untruthfulness, such as evidence bearing on bias, interest, hostility, motive to misrepresent, or inability to observe, remember, or narrate. It also does not address the admissibility of evidence under the “opened door” theory.
Source: This Rule is derived in part from F.R.Ev. 608.
Credits
[Adopted Dec. 15, 1993, eff. July 1, 1994.]
MD Rules, Rule 5-608, MD R REV Rule 5-608
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document |