Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

FEDERAL RULES OF EVIDENCE

ARTICLE VI.  WITNESSES

Rule 609. Impeachment by Evidence of Conviction of Crime

(a) General rule.

For the purpose of attacking the credibility of a witness,

(1) evidence that a witness other than an accused 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 evidence that an accused has been convicted of such a crime shall be
admitted if the court determines that the probative value of admitting this evidence
outweighs its prejudicial effect to the accused; and

(2) evidence that any 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 10 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.

Federal Rules of Evidence: ARTICLE VI.  WITNESSES: Rule 609. Impeachment by Evidence of Conviction of Crime: Notes


Rule 403 Notes
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time-LII  
Rule 403 Legal Information Institute-LII
Rule 403 Notes Legal Information Institute-LII
Rule 409. Payment of Medical and Similar Expenses-LII
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements-LII
Law Students  MM
Federal Rules of Evidence: Rule 413: Notes
Federal Rules of Evidence: Rule 415.  Evidence of Similar Acts in Civil Cases
Concerning Sexual Assault or Child Molestation  

Federal Rules of Evidence: ARTICLE VI.  WITNESSES Rule 609. Impeachment by Evidence of Conviction of Crime
Federal Rules of Evidence:
Rule 608. Evidence of Character and Conduct of Witness