Supreme Court of the United States · 1989 · Evidence
EvidenceImpeachmentFederal Rule of Evidence 609Federal Rule of Evidence 403Rule 609(a)(1)Rule 403impeachment by prior convictioncivil witness
Facts
While in custody and on work release, Paul Green was injured when a large dryer tore off his right arm. He sued Bock Laundry Machine Co., the manufacturer, and testified that he had been inadequately instructed about the machine's operation and danger. At trial, Bock impeached Green by eliciting admissions that he had prior felony convictions for burglary and conspiracy to commit burglary. Green argued that this impeachment evidence should have been excluded.
Issue
Does Federal Rule of Evidence 609(a)(1) require a trial judge in a civil case to admit evidence of an adversary's prior felony convictions for impeachment, and may the judge use Rule 403 to exclude that evidence because of unfair prejudice to the civil witness or the party offering the witness?
Rule
Federal Rule of Evidence 609(a)(1) requires admission of prior felony convictions to impeach a civil witness regardless of unfair prejudice to the witness or the party offering the witness. The balancing language in Rule 609(a)(1) protects only a criminal defendant, and Rule 403 does not authorize additional balancing in the civil context because Rule 609 specifically commands that such evidence shall be admitted.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a federal negligence trial in Denver, Priya Desai sues Front Range Transit Systems after a bus platform collapse. Priya testifies, and the defense seeks to impeach her with a prior felony conviction for aggravated assault; Priya argues the conviction has little to do with truthfulness and will cause the jury to dislike her.
How should the federal judge rule?
Explanation. In a civil case, Rule 609(a)(1) requires admission of a witness's prior felony conviction for impeachment, even when the felony does not involve dishonesty. The majority held that the balancing protection in Rule 609(a)(1) applies only to criminal defendants, and Rule 403 cannot be used to exclude the conviction in the civil context because Rule 609 specifically says such evidence shall be admitted.