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Federal Rules of Evidence (US) QUESTION #3779
Question 1
During a civil trial for breach of contract, a witness testifies for the plaintiff. On cross-examination, the defense asks: 'Isn't it true that you were convicted of misdemeanor shoplifting 4 years ago?' The plaintiff objects. Is the conviction admissible for impeachment?
  • Yes, because it occurred within the last 10 years.
  • No, because misdemeanors are never admissible for impeachment.
  • Yes, if the court determines that the crime involved a dishonest act or false statement under Rule 609(a)(2).✔️
  • No, because its probative value is outweighed by the danger of unfair prejudice.
Correct Answer Explanation
Rule 609(a)(2) mandates the admission of any crime (felony or misdemeanor) for impeachment purposes if the court can readily determine that establishing the elements of the crime required proving—or the witness's admitting—a dishonest act or false statement.