Rule 906.09. Impeachment by evidence of conviction of crime or adjudication of delinquency

(1) For the purpose of attacking character for truthfulness, a witness may be asked whether the witness has ever been convicted of a crime or adjudicated delinquent and the number of such convictions or adjudications. If the witness’s answers are consistent with the previous determination of the court under sub. (3), then no further inquiry may be made unless it is for the purpose of rehabilitating the witness’s character for truthfulness.

(2) Evidence of a conviction of a crime or an adjudication of delinquency may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. Factors for a court to consider in evaluating whether to admit evidence of prior convictions for the purpose of attacking a witness’s truthful character include:

(a) The lapse of time since the conviction.

(b) The rehabilitation or pardon of the person convicted.

(c) The gravity of the crime.

(d) The involvement of dishonesty or false statement in the crime.

(e) The frequency of the convictions.

(f) Any other relevant factors.

(3) No question inquiring with respect to a conviction of a crime or an adjudication of delinquency, nor introduction of evidence with respect thereto, shall be permitted until the court determines pursuant to s. 901.04 whether the evidence should be excluded.

(5) The pendency of an appeal therefrom does not render evidence of a conviction or a delinquency adjudication inadmissible. Evidence of the pendency of an appeal is admissible.

Committee Notes

NOTE: Sup. Ct. Order No. 16-02A states that: “The Judicial Council Notes to Wis. Stats. §§ 901.07, 906.08, 906.09, and 906.16 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”

Judicial Council Note, 2017: The amendment to sub. (1) is intended to conform the rule more closely to current practice. It is consistent with Nicholas v. State, 49 Wis. 2d 683, 183 N.W.2d 11 (1971) and State v. Bailey, 54 Wis. 2d 679, 690, 196 N.W.2d 664, 670 (1972).