FRE 609 Explained + Flowchart | Ultimate Guide

This is the Ultimate Guide to FRE 609! Check out the easy-to-follow flowchart as I explain every possible scenario and examples for an impeachment by prior conviction.


Federal Rules of Evidence, Rule 609 is "Impeachment by Evidence of a Criminal Conviction." Whether you're a law student preparing for a law school final exam or mock trial competition or whether you're a lawyer preparing for a jury trial, you need to understand how Rule 609 works.


But, before any impeachment of the witness's character for truthfulness by evidence of a criminal conviction can occur, you need to consider a number of things.


First, do not overlook FRE 404! More specifically, Rule 404(a)(3) is what opens up the door to impeaching a witness with character evidence by using a criminal conviction.


Second, always consider a Motion in Limine and/or always argue Rule 609 outside the presence of the jury to avoid tainting the jury with inadmissible evidence.


Third, even if the judge will determine that the evidence is admissible, then consider whether risking appeal on the court's decision is worth it.


Once all of that is considered, it's time to use the FRE 609 flowchart!

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