Rule 608. Evidence of character and conduct of witness.

(a) Opinion and reputation evidence of character.

The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

(b) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness’ character for truthfulness, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.

The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination when examined with respect to matters that relate only to character for truthfulness.

(c) Evidence of bias. Bias, prejudice or any motive to misrepresent may be shown to impeach the witness either by examination of the witness or by evidence otherwise adduced.

ADVISORY COMMITTEE NOTE

This amendment is in order to be consistent with changes made to the Federal Rule.

Subdivisions (a) and (b) are the federal rule, verbatim, and are comparable to Rules 22 and 6, Utah Rules of Evidence (1971), except to the extent that Subdivision (a) limits such evidence to credibility for truthfulness or untruthfulness. Rule 22(c), Utah Rules of Evidence (1971) allowed a broader attack on the character of a witness as to truth, honesty and integrity.

This rule should be read in conjunction with Rule 405. Subdivision (b) allows, in the discretion of the court on cross-examination, inquiry into specific instances of the witness's conduct relative to his character for truthfulness or untruthfulness or specific instances of conduct of a person as to whom the witness has provided character testimony. See, State v. Adams, 26 Utah 2d 377, 489 P.2d 1191 (1971). Attack upon a witness's credibility by specific instances of character other than conviction of a crime is inadmissible under current Utah law. Cf. Bullock v. Ungricht, 538 P.2d 190 (Utah 1975); Rule 47, Utah Rules of Evidence (1971). Allowing cross-examination of a witness as to specific instances affecting character for truthfulness is new to Utah practice and in accord with the decision in Michelson v. United States, 335 U.S. 469 (1948). The cross-examination of a character witness as to specific instances of conduct which the character witness may have heard about concerning the person whose character is placed in evidence has been sanctioned by a prior decision, State v. Watts, 639 P.2d 158 (Utah 1981).

The rule is subject to a witness invoking the statutory privilege against degradation contained in Utah Code Annotated, Section 78-24-9 (1953). See, In re Peterson, 15 Utah 2d 27, 386 P.2d 726 (1963). The privilege, however, may be subject to limitation to accommodate an accused's right of confrontation. Cf. Davis v. Alaska, 415 U.S. 308 (1974).

Subdivision (c) is Rule 608(c), Military Rules of Evidence, verbatim.