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RULE 5-616. IMPEACHMENT AND REHABILITATION--GENERALLY

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 5. Evidence (Refs & Annos)
Chapter 600. Witnesses
MD Rules, Rule 5-616
RULE 5-616. IMPEACHMENT AND REHABILITATION--GENERALLY
(a) Impeachment by Inquiry of the Witness. The credibility of a witness may be attacked through questions asked of the witness, including questions that are directed at:
(1) Proving under Rule 5-613 that the witness has made statements that are inconsistent with the witness's present testimony;
(2) Proving that the facts are not as testified to by the witness;
(3) Proving that an opinion expressed by the witness is not held by the witness or is otherwise not worthy of belief;
(4) Proving that the witness is biased, prejudiced, interested in the outcome of the proceeding, or has a motive to testify falsely;
(5) Proving lack of personal knowledge or weaknesses in the capacity of the witness to perceive, remember, or communicate; or
(6) Proving the character of the witness for untruthfulness by (i) establishing prior bad acts as permitted under Rule 5-608(b) or (ii) establishing prior convictions as permitted under Rule 5-609.
(b) Extrinsic Impeaching Evidence.
(1) Extrinsic evidence of prior inconsistent statements may be admitted as provided in Rule 5-613(b).
(2) Other extrinsic evidence contradicting a witness's testimony ordinarily may be admitted only on non-collateral matters. In the court's discretion, however, extrinsic evidence may be admitted on collateral matters.
(3) Extrinsic evidence of bias, prejudice, interest, or other motive to testify falsely may be admitted whether or not the witness has been examined about the impeaching fact and has failed to admit it.
(4) Extrinsic evidence of a witness's lack of personal knowledge or weaknesses in the capacity of the witness to perceive, remember, or communicate may be admitted if the witness has been examined about the impeaching fact and has failed to admit it, or as otherwise required by the interests of justice.
(5) Extrinsic evidence of the character of a witness for untruthfulness may be admitted as provided in Rule 5-608.
(6) Extrinsic evidence of prior convictions may be admitted as provided by Rule 5-609.
(7) Extrinsic evidence may be admitted to show that prior consistent statements offered under subsection (c)(2) of this Rule were not made.
(c) Rehabilitation. A witness whose credibility has been attacked may be rehabilitated by:
(1) Permitting the witness to deny or explain impeaching facts, except that a witness who has been impeached by prior conviction may not deny guilt of the earlier crime;
(2) Except as provided by statute, evidence of the witness's prior statements that are consistent with the witness's present testimony, when their having been made detracts from the impeachment;
(3) Evidence through other witnesses of the impeached witness's character for truthfulness, as provided in Rule 5-608(a); or
(4) Other evidence that the court finds relevant for the purpose of rehabilitation.
Committee note: This Rule is intended to illustrate the most frequently used methods of impeachment and rehabilitation. It is not intended to be exhaustive or to foreclose other legitimate methods.
Source: This Rule is new.

Credits

[Adopted Dec. 15, 1993, eff. July 1, 1994.]
MD Rules, Rule 5-616, MD R REV Rule 5-616
Current with amendments received through November 15, 2020.
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