Character and Conduct of Witness (N.C.R. Evid. 608):

As amended through June 18, 2024
Character and Conduct of Witness (N.C.R. Evid. 608):

"Rule 608(b) addresses the admissibility of specific instances of conduct (as opposed to opinion or reputation evidence) only in the very narrow instance where (1) the purpose of producing the evidence is to impeach or enhance credibility by proving that the witness' conduct indicates his character for truthfulness or untruthfulness; and (2) the conduct in question is in fact probative of truthfulness or untruthfulness and is not too remote in time; and (3) the conduct in question did not result in a conviction; and (4) the inquiry into the conduct takes place during cross-examination. If the proffered evidence meets these four enumerated prerequisites, before admitting the evidence the trial judge must determine, in his discretion, pursuant to Rule 403, that the probative value of the evidence is not outweighed by the risk of unfair prejudice, confusion of issues, or misleading the jury, and that the questioning will not harass or unduly embarrass the witness. Even if the trial judge allows the inquiry on cross-examination, extrinsic evidence of the conduct is not admissible. State v. Morgan, 315 N.C. 626, 634, 340 S.E.2d 84, 89-90 (1986).

"Rule 608(b) generally bars evidence of specific instances of conduct of a witness for the purpose of attacking his credibility. State v. Bell, 338 N.C. 363, 385, 450 S.E.2d 710, 722 (1994), cert. denied, 515 U.S. 1163, 132 L. Ed. 2d 861 (1995).

Revised July 26, 2016.