A witness’ character for truthfulness or

Military Rules of Evidence

Rule: 608

Jurisdiction: US

Bluebook Citation: Mil. R. Evid. 608

untruthfulness (a) Reputation or Opinion Evidence. A witness’ credibility may be attacked or supported by testimony about the witness’ reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. Evidence of truthful character is admissible only after the witness’ character for truthfulness has been attacked. (b) Specific Instances of Conduct. Except for a criminal conviction under Mil. R. Evid. 609, extrinsic evidence is not admissible to prove specific instances of a witness’ conduct in order to attack or support the witness’ character for truthfulness. The military judge may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2) another witness whose character the witness being cross-examined has testified about. By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’ character for truthfulness. (c) Evidence of Bias. Bias, prejudice, or any motive to misrepresent may be shown to impeach the witness either by examination of the witness or by evidence otherwise adduced.

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