ARTICLE VI. WITNESSES
RULE 609. IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME
(a) General Rule.
(1) Criminal Defendants. For the purpose of attacking the
credibility of a witness accused in a criminal case, evidence that
the accused has been convicted of a crime shall be admitted but
only if the crime involved perjury or false swearing.
(2) All Witnesses Other Than Criminal Defendants. For the
purpose of attacking the credibility of a witness other than the
accused
(A) evidence that the witness has been convicted of a crime
shall be admitted, subject to Rule 403, if the crime was punishable
by death or imprisonment in excess of one year under the law under
which the witness was convicted, and
(B) evidence that the witness has been convicted of a crime
shall be admitted if it involved dishonesty or false statement,
regardless of the punishment.
(b) Time Limit. Evidence of a conviction under this rule is
not admissible if a period of more than ten years has elapsed since
the date of the conviction or of the release of the witness from
the confinement imposed for that conviction, whichever is the later
date, unless the court determines, in the interests of justice,
that the probative value of the conviction supported by specific
facts and circumstances substantially outweighs its prejudicial
effect. However, evidence of a conviction more than ten years old, as calculated herein, is not admissible unless the proponent gives
to the adverse party sufficient advance written notice of intent to
use such evidence to provide the adverse party with a fair
opportunity to contest the use of such evidence.
(c) Effect of Pardon, Annulment, or Certificate of
Rehabilitation. Evidence of a conviction is not admissible under
this rule if (1) the conviction has been the subject of a pardon,
annulment, certificate of rehabilitation, or other equivalent
procedure based on a finding of the rehabilitation of the person
convicted, and that person has not been convicted of a subsequent
crime which was punishable by death or imprisonment in excess of
one year, or (2) the conviction has been the subject of a pardon,
annulment, or other equivalent procedure based on a finding of
innocence.
(d) Juvenile Adjudications. Evidence of juvenile
adjudications is generally not admissible under this rule. The
court may, however, in a criminal case allow evidence of a juvenile
adjudication of a witness other than the accused if conviction of
the offense would be admissible to attack the credibility of an
adult and the court is satisfied that admission in evidence is
necessary for a fair determination of the issue of guilt or
innocence.
(e) Pendency of Appeal. The pendency of an appeal therefrom
does not render evidence of a conviction inadmissible. Evidence of
the pendency of an appeal is admissible.
[Effective February 1, 1985; amended effective July 1, 1994;
October 1, 1994.]