MBE Rules · Evidence
Judgment of previous conviction (803(22))
FRE 803(22)
The rule
A final judgment of conviction is admissible as a hearsay exception if entered after trial or guilty plea (not nolo), for a crime punishable by death or imprisonment for more than one year, and offered to prove any fact essential to the judgment. In criminal cases offered by the prosecutor for a purpose other than impeachment, only judgments against the accused may be used.
In plain English
In a civil suit arising from the same conduct, the plaintiff can use the defendant's felony conviction to establish the facts underlying it. Misdemeanor convictions and nolo pleas are excluded.
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