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R.I. R. Evid. 609

Impeachment by Evidence of Conviction of Crime

activein force · 2024-02-01 – presentact-effective-date

(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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