RULE 5-609. IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 5-609
RULE 5-609. IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME
(a) Generally. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record during examination of the witness, but only if (1) the crime was an infamous crime or other crime relevant to the witness's credibility and (2) the court determines that the probative value of admitting this evidence outweighs the danger of unfair prejudice to the witness or the objecting party.
Cross reference: Code, Courts Article, § 10-905.
Committee note: The requirement that the conviction, when offered for purposes of impeachment, be brought out during examination of the witness is for the protection of the witness. It does not apply to impeachment by evidence of prior conviction of a hearsay declarant who does not testify.
Committee note: See Code, Courts Article, § 3-8A-23 for the effect of juvenile adjudications and for restrictions on their admissibility as evidence generally. Evidence of these adjudications may be admissible under the Confrontation Clause to show bias; see Davis v. Alaska, 415 U.S. 308 (1974).
Source: This Rule is derived from F.R.Ev. 609 and Rule 1-502.
Credits
[Adopted Dec. 15, 1993, eff. July 1, 1994. Amended Dec. 4, 2007, eff. Jan. 1, 2008; Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 5-609, MD R REV Rule 5-609
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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