Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 610. Religious Beliefs or Opinions.
This rule copies Federal Rule 610 in providing that a witness's religious beliefs or lack of them may not be used to attack or support his credibility. While this sort of evidence may bear some relevance to credibility it is not highly probative and often is capable of creating unfair jury bias for or against the witness. Moreover, it is highly personal information and should not be inquired into without a good reason for believing that it will aid in accurate factfinding.
As the Advisory Committee on the Federal Rules observed, while the rule forecloses inquiry into the religious beliefs or opinions of a witness for the purpose of showing that his character for truthfulness is affected by their nature, an inquiry for the purpose of showing interest or bias because of them is not within the prohibition. Thus disclosure of affiliation with a church which is a party to the litigation would be allowable under the rule. Cf. Tucker v. Reil, 77 P.2d 202 (Ariz. 1938).
Maine, Nebraska and New Mexico have identical provisions in their rules of evidence.

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Last Modified 7/14/1999