RI · rules
R.I. R. Evid. 609
Impeachment by Evidence of Conviction of Crime
(a) General
Rule. For the purpose of attacking the credibility of a witness, evidence that the
witness has been convicted of a crime shall be admitted if elicited from the witness
or established by public record. “Convicted of a crime” includes (1) pleas of guilty,
(2) pleas of nolo contendere followed by a sentence (i.e. fine or imprisonment),
whether or not suspended and (3) adjudications of guilt.
(b) Discretion. Evidence of a conviction under this rule is not admissible if the
court determines that its prejudicial effect substantially outweighs the probative
value of the conviction. If 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, or if the conviction is for a misdemeanor not
involving dishonesty or false statement, the proponent of such evidence shall make
an offer of proof out of the hearing of the jury so that the adverse party shall have a
fair opportunity to contest the use of such evidence.
(c) Effect of Pardon. Evidence of a conviction is not admissible under this rule
if the conviction has been the subject of a pardon or other equivalent procedure.
(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.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
803f7b31dd4ed2c6120d5f300b66e86e373bf59a34d746d58898e3148e48a279
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