Miss. R. Evid. 608
By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness's character for truthfulness.
Miss. R. Evid. 608
Advisory Committee Note
The language of Rule 608 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
Rule 608's limitation of bad-act impeachment to "cross-examination" is trumped by Rule 607, which allows a party to impeach witnesses on direct examination. Courts have not relied on the term "on cross-examination" to limit impeachment that would otherwise be permissible under Rules 607 and 608. Therefore, no change to the language of the Rule was necessary in the context of a restyling project.
Rule 608 is concerned with character evidence of witnesses. Rule 404(a) prohibits the use of character evidence to prove conformity of conduct, but with some exceptions. Rule 608 addresses those exceptions. Thus, it is necessary to read both rules together.
Subsection (a) permits the introduction of character evidence of a witness only after the witness's character for veracity has been attacked. A party may not bolster the character of the party's own witness; the party can only react in response to a charge of untruthfulness. Moreover, only the witness's character for truthfulness or its opposite can be attacked. Other character traits are irrelevant for impeachment purposes. Evidence shall be produced in the form of an opinion or reputation.
Subsection (b) flatly prohibits impeaching a witness's character for truthfulness via extrinsic proof of specific acts of the witness's conduct, except criminal convictions pursuant to . Rule 609. In contrast, specific instances of conduct of the witness may, in the discretion of the court, be inquired into on cross-examination of that witness (or on cross-examination of another who testifies concerning that witness's character for truthfulness) if probative of truthfulness or untruthfulness. See Brent v. State, 632 So.2d 936, 944 (Miss. 1994) ("If the past conduct did not involve lying, deceit, or dishonesty in some manner, it cannot be inquired into on cross-examination.")
This absolute prohibition on extrinsic evidence applies only when the sole reason for proffering that evidence is to attack or support the witness's character for truthfulness. The admissibility of extrinsic evidence offered for other grounds of impeachment, such as contradiction, prior inconsistent statement, bias, and mental or sensory capacity, is governed by Rules 402, 403, and 616.
The extrinsic evidence prohibition of Rule 608(b) bars the use of any kind of evidence, including documents or the testimony of other witnesses, except a direct admission by the witness being cross-examined. See Brent at 945 ("a party cross-examining a witness about past instances of conduct is bound by the witness's answer [and] is not permitted to offer evidence in rebuttal to contradict it.")
Of course, counsel must have a good faith basis before beginning to inquire on crossexamination about specific instances of past conduct, and may not merely seek a "fishing license." Brent, 632 So.2d at 645.
The last sentence of Rule 608 seeks to guarantee that a witness does not waive the privilege against self-incrimination when questioned about matters relating to credibility.
[Amended effective July 1, 2009; "Advisory Committee Note" substituted for "Comment," effective June 16, 2016; amended July 1, 2016, to note restyling.]
.