KRE 608: Evidence of character and conduct of witness
Where this section sits in the code
- KENTUCKY RULES OF EVIDENCE ----- Legislative Research Commission Note (7/1/92). Although denominated "rules," the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court "adopt[ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116."
(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 conduct 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 truthfulness 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. 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.
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