MBE Rules · Evidence
Impeachment — character for truthfulness
FRE 608
The rule
A witness's credibility may be attacked by reputation/opinion evidence of untruthfulness. Specific instances of conduct (608(b)) may be inquired about on cross-examination ONLY (no extrinsic evidence) and only if probative of truthfulness.
In plain English
You can question a witness about past behavior that shows they're dishonest, but you can't bring in outside proof of that behavior.
Worked example
During cross-examination, the defense attorney asks the witness about a time they lied on a job application to show they're not trustworthy, but can't show the actual application as evidence.
Memory hook
Truthful tales or tricky tales? Reputation rules, specifics scrutinized. Attack character with reputation/opinion, but grill specifics only on cross.
The trap
Students think: you can use extrinsic evidence for character impeachment. Wrong, because FRE 608(b) bars it. The actual test is cross-examination only.
How examiners test it
The MBE loves: witness's past lies, question on cross if probative of truth. Trap: assuming extrinsic proof allowed — it's not. Only reputation/opinion or cross-exam specifics.
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