Ohio R. Evid. 607

As amended through March 13, 2024

Rule 607 - Impeachment

(A)Who may impeach The credibility of a witness may be attacked by any party except that the credibility of a witness may be attacked by the party calling the witness by means of a prior inconsistent statement only upon a showing of surprise and affirmative damage. This exception does not apply to statements admitted pursuant to Evid.R. 801(D)(1)(a), 801(D)(2), or 803.

(B)Impeachment: reasonable basis A questioner must have a reasonable basis for asking any question pertaining to impeachment that implies the existence of an impeaching fact.

Ohio. R. Evid. 607

Effective:7/1/1980; amended 7/1/1998; amended effective 7/1/2023.

Staff Note (July 1, 1998 Amendment)

Rule 607 Impeachment

Rule 607(A) Who may impeach.

This paragraph was labeled division (A), a title was added, and the style used for rule references was changed. There was no substantive amendment to this division.

Rule 607(B) Impeachment: reasonable basis.

The 1998 amendment added division (B) to the rule.

A party inquiring into specific instances of conduct must have a good faith basis in fact for asking the question. E.g., State v. Gillard (1988), 40 Ohio St.3d 226, 231, 533 N.E.2d 272 ("[A] cross-examiner may ask a question if the examiner has a good-faith belief that a factual predicate for the question exists."), cert. denied, 492 U.S. 925, 109 S.Ct. 3263, 106 L.Ed.2d 608 (1989); Kornreich v. Indus. Fire Ins. Co. (1936), 132 Ohio St. 78, 88 ("These collateral attacks must be made in good faith ...."). This is especially true in criminal cases where the unfair prejudice may be great. See also 1 McCormick, Evidence § 41, at 140 (4th ed. 1992) ("A good faith basis for the inquiry is required."). Professor Graham explains the requirement as follows:

Note that the requirement of a good faith basis applies only when the cross-examiner is effectively asserting in the form of a question the truth of a factual statement included within the question. If the cross-examiner is merely inquiring whether something is or is not true, a good faith basis is not required. Thus the question, "Your glasses were being repaired at the time of the accident, weren't they?" requires a good faith basis, while the question, "Were you wearing your glasses at the time of the accident?" does not.

1 Graham, Handbook of Federal Evidence § 607.2, at 679-80 (4th ed. 1996).

Using the term "reasonable basis," the amendment codifies the good-faith basis-in-fact requirement as recognized at common law. In addition to the Rules of Evidence, the Code of Professional Responsibility imposes requirements on questioning witnesses. See DR 7-106(C).