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If the witness to be impeached is not a criminal defendant, a trial court can exclude a conviction if the opponent shows that, under the standard set forth in Federal Rule of Evidence 403, the risk of prejudice or other harm substantially outweighs the probative value of the conviction; but if the witness to be impeached is a criminal defendant, the trial court must exclude the conviction if the offeror fails to show that the probative value of the conviction on the issue of the truthfulness of the witness (a criminal defendant) outweighs the risk of prejudice to the witness (a criminal defendant).
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Contributed in 2009 by Peter Tillers
Last edited in 2009 by Joel Friedman
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