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Rule 616 Impeachment by evidence of bias, prejudice, or interest.

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Rule Text

A party may attack the credibility of a witness by presenting evidence that the witness has a bias or prejudice for or against a party to the case or that the witness has an interest in the case.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When someone testifies in court, the other side can question whether that person is telling the truth. One way to do this is by showing the witness might be biased or has something to gain or lose based on the outcome of the case.

For example, if a witness is a close friend or relative of one side, that connection might affect how honestly they testify. The same goes for someone who stands to make money, avoid trouble, or get some other benefit depending on which way the case turns out. Lawyers are allowed to bring up these kinds of relationships or motives so the judge or jury can decide how much to trust what the witness says.

This rule matters because it gives both sides a fair chance to point out reasons a witness might shade the truth, whether on purpose or without realizing it. It does not mean the witness is lying. It just means the jury gets to hear the full picture and weigh the witness's word accordingly.

Committee Notes

Advisory Committee’s Notes

This rule retains the preexisting Alabama practice allowing one to impeach a witness with evidence of acts, statements, or relationships indicating bias. Jones v. State, 527 So.2d 795 (Ala.Crim.App.1988); Alabama Power Co. v. White, 377 So.2d 930 (Ala.1979). The bias that may be shown includes both bias for a party and bias against a party. See C. Gamble, McElroy’s Alabama Evidence § 149.01 (4th ed. 1991).

There is no counterpart to this rule in the Federal Rules of Evidence. Indeed, the federal rules do not specifically mention bias as a form of impeachment. The United States Supreme Court, however, has recognized the propriety of impeaching with evidence of bias, prejudice, or interest, despite the fact that such a medium of impeachment, long recognized at common law, is not expressly mentioned in the Federal Rules of Evidence. United States v. Abel, 469 U.S. 45 (1984).

← Previous Rule 615: Exclusion of witnesses. Next → Rule 701: Opinion testimony by lay witnesses.

Cross-References

Referenced By (1)

Ala. R. Evid. Rule 404

This Rule Set

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Last updated: September 2026

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