Rule 608. Evidence of character and conduct of witness

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's character for truthfulness, other than conviction of crime as provided in Rule 609, may not be inquired into on cross-examination of the witness nor proved by extrinsic evidence. They may, however, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. [Amended 8-15-2013, eff. 10-1-2013.]

Committee Notes

Advisory Committee’s Notes Alabama Rule of Evidence 404(a) establishes a general rule excluding character evidence when it is offered to prove that an individual is of a particular character and acted in conformity therewith on the occasion in question. A major exception to this general exclusionary rule permits the admission of specified character evidence when it goes to the credibility of witnesses. See Ala.R.Evid. 404(a)(3). Rules 607, 608, and 609 illustrate this exception. The Rule 404(a) provision generally excluding evidence of character, and the impeachment exception, are both consistent with traditional Alabama evidence law. See C. Gamble, Character Evidence: A Comprehensive Approach 56 (1987). Section (a). Opinion and reputation evidence of character. As under preexisting Alabama law, a witness (referred to herein as the principal witness) may be impeached by the testimony of a character witness regarding the principal witness’s general reputation in the community for untruthfulness. Sussex Fire Ins. Co. v. Barton, 225 Ala. 570, 144 So. 439 (1932); Smitherman v. State, 521 So.2d 1050 (Ala.Crim.App.1987), cert. denied, 521 So.2d 1062 (Ala.1988). See C. Gamble, McElroy’s Alabama Evidence § 140.01 (4th ed. 1991). Rule 608 is in no way intended to affect Alabama case law regarding foundational issues, such as the evolving definition of “community,” the character witness’s prerequisite contacts with the community, and the principal witness’s contacts with the community. See, e.g., Baer & Co. v. Mobile Cooperage & Box Mfg. Co., 159 Ala. 491, 49 So. 92 (1909); Kilgore v. State, 124 Ala. 24, 27 So. 4 (1899). When reputation testimony is offered, it must relate only to truthfulness or untruthfulness. Alabama case law has long embraced the same concept. See Sweatt v. State, 156 Ala. 85, 47 So. 194 (1908); Dolan v. State, 81 Ala. 11, 1 So. 707 (1887). However, Rule 608(a) departs from the preexisting Alabama position in that it does not permit the character witness