Evidence of Character and Conduct of Witness

Rule 608 Evidence of character and conduct of witness (a) Opinion and reputation evidence of character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. (b) Specific instances of conduct. Specific instances of the cond uct of a witness, for the purpose of attacking or supporting the witness' credibility, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truth fulness or untruthfulness, be inquired into on cross -examination of the witness: (1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which c haracter the witness being cross -examined has testified.

acter for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which c haracter the witness being cross -examined has testified. No specific instance of conduct of a witness may be the subject of inquiry under this provision unless the cross -examiner has a factual basis for the subject matter of his inquiry. The giving of tes timony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self -incrimination when examined with respect to matters which relate only to credibility. Effective: July 1, 2003 Histor y: Enacted 1990 Ky. Acts ch. 88, sec. 41; amended 1992 Ky. Acts ch. 324, sec. 14; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34; amended effective July 1, 2003.