New Jersey Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
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How to fill out Motion To Bar Introduction Of Any Evidence Relating To Prior Convictions Or Bad Acts?
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FAQ
Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.
609. Rule 609 - Impeachment by Evidence of Conviction of Crime (a) In General. (1) For the purpose of attacking the credibility of any witness, the witness' conviction of a crime, subject to Rule 403, shall be admitted unless excluded by the court pursuant to paragraph (b) of this rule.
104. Preliminary Questions (a) In General. (1) The court shall decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege and Rule 403.
Federal Rule 609 provides that a witness' credibility may be impeached with evidence of his or her prior criminal convictions: "There is little dissent from the general proposition that at least some crimes are relevant to credibility but much disagreement among the cases and commentators about which crimes are usable ...
Federal Rule of Evidence 404(b) provides that prior act evidence ?is not admissible to prove the character of a person in order to show action in conformity therewith.? Evidence of prior bad acts usually cannot be admitted at trial to show the defendant's propensity to commit crimes similar to the offense in question.
402. Relevant Evidence Generally Admissible. All relevant evidence is admissible, except as otherwise provided in these rules or by law.
602. Lack of Personal Knowledge. A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness' own testimony.
609. Rule 609 - Impeachment by Evidence of Conviction of Crime (a) In General. (1) For the purpose of attacking the credibility of any witness, the witness' conviction of a crime, subject to Rule 403, shall be admitted unless excluded by the court pursuant to paragraph (b) of this rule.
