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      CE 609     

  

Art. 609.  Attacking credibility by evidence of conviction of crime in civil cases

A.  General civil rule.  For the purpose of attacking the credibility of a witness in civil cases, no evidence of the details of the crime of which he was convicted is admissible.  However, evidence of the name of the crime of which he was convicted and the date of conviction is admissible if the crime:

(1)  Was punishable by death or imprisonment in excess of six months under the law under which he was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to a party; or

(2)  Involved dishonesty or false statement, regardless of the punishment.

B.  Time limit.  Evidence of a conviction under this Article is not admissible if a period of more than ten years has elapsed since the date of the conviction.

C.  Effect of pardon or annulment.  Evidence of a conviction is not admissible under this Article if the conviction has been the subject of a pardon, annulment, or other equivalent procedure explicitly based on a finding of innocence.

D.  Juvenile adjudications.  Evidence of juvenile adjudications of delinquency is generally not admissible under this Article.

E.  Pendency of appeal.  The pendency of an appeal therefrom does not render evidence of a conviction inadmissible.  When evidence of a conviction is admissible, evidence of the pendency of an appeal is also admissible.

F.  Arrest, indictment, or prosecution.  Evidence of the arrest, indictment, or prosecution of a witness is not admissible for the purpose of attacking his credibility.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.



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