Evidence: impeachment

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Library edition words from Federal Rules of Evidence

Rules 607 to 613: who may impeach, character for truthfulness, convictions, and a witness’s prior statement.

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Words from
Federal Rules of Evidence (as amended to Dec. 1, 2024). Enacted law, free to use.
Edition
Federal Rules of Evidence, as amended to Dec. 1, 2024 (House Judiciary Committee print)
Checked
Word for word against the source, on 17 October 2026.
How it was made
Each card is a rule’s own words, under its number and heading; a list becomes the card’s items.Words split across lines are joined, an item’s closing “; and” is dropped, and the print’s two single quotation marks are set as one double mark.
Edited by
Aheadso chose the cards and set them out.Every word on them is the source’s.
On the shelf
Law, Evidence · 24 cards · 7 topics

The cards

  1. FRE 607Who May Impeach a Witness
  2. FRE 607: Who May Impeach a WitnessAny party, including the party that called the witness, may attack the witness’s credibility.
  3. FRE 608A Witness’s Character for Truthfulness or Untruthfulness
  4. FRE 608(a): Reputation or Opinion EvidenceA witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
  5. FRE 608(b): Specific Instances of Conduct
    1. 1the witness
    2. 2another witness whose character the witness being cross-examined has testified about
    Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.
  6. FRE 609Impeachment by Evidence of a Criminal Conviction
  7. FRE 609(a): The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction
    1. 1for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: (A) must be admitted, subject to Rule 403, in a civil case or in a criminal case in which the witness is not a defendant; and (B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant
    2. 2for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving—or the witness’s admitting—a dishonest act or false statement
  8. FRE 609(b): Limit on Using the Evidence After 10 Years
    1. 1its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect
    2. 2the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use
    This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:
  9. FRE 609(c): Evidence of a conviction is not admissible if
    1. 1the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year
    2. 2the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence
  10. FRE 609(d): Evidence of a juvenile adjudication is admissible under this rule only if
    1. 1it is offered in a criminal case
    2. 2the adjudication was of a witness other than the defendant
    3. 3an adult’s conviction for that offense would be admissible to attack the adult’s credibility
    4. 4admitting the evidence is necessary to fairly determine guilt or innocence
  11. FRE 609(e): Pendency of an AppealA conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible.
  12. FRE 610Religious Beliefs or Opinions
All 24 cards
  1. FRE 610: Religious Beliefs or OpinionsEvidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.
  2. FRE 611Mode and Order of Examining Witnesses and Presenting Evidence
  3. FRE 611(a): The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to
    1. 1make those procedures effective for determining the truth
    2. 2avoid wasting time
    3. 3protect witnesses from harassment or undue embarrassment
  4. FRE 611(b): Scope of Cross-ExaminationCross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.
  5. FRE 611(c): Leading Questions
    1. 1on cross-examination
    2. 2when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party
    Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:
  6. FRE 612Writing Used to Refresh a Witness’s Memory
  7. FRE 612(a): This rule gives an adverse party certain options when a witness uses a writing to refresh memory
    1. 1while testifying
    2. 2before testifying, if the court decides that justice requires the party to have those options
  8. FRE 612(b): Adverse Party’s Options; Deleting Unrelated MatterUnless 18 U.S.C. § 3500 provides otherwise in a criminal case, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony. If the producing party claims that the writing includes unrelated matter, the court must examine the writing in camera, delete any unrelated portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be preserved for the record.
  9. FRE 612(c): Failure to Produce or Deliver the WritingIf a writing is not produced or is not delivered as ordered, the court may issue any appropriate order. But if the prosecution does not comply in a criminal case, the court must strike the witness’s testimony or—if justice so requires—declare a mistrial.
  10. FRE 613Witness’s Prior Statement
  11. FRE 613(a): Showing or Disclosing the Statement During ExaminationWhen examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney.
  12. FRE 613(b): Extrinsic Evidence of a Prior Inconsistent StatementUnless the court orders otherwise, extrinsic evidence of a witness’s prior inconsistent statement may not be admitted until after the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it. This subdivision (b) does not apply to an opposing party’s statement under Rule 801(d)(2).

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