Rule 607 Impeachment

Rule 607 Impeachment Rule 607(A) Who may impeach.

This paragraph was labeled division (A), a title was added, and the style used for rule references was changed. There was no substantive amendment to this division.

Rule 607(B) Impeachment: reasonable basis.

The 1998 amendment added division (B) to the rule.

A party inquiring into specific instances of conduct must have a good faith basis in fact for asking the question. E.g., State v. Gillard (1988), 40 Ohio St.3d 226, 231, 533 N.E.2d 272 ("[A] cross-examiner may ask a question if the examiner has a good-faith belief that a factual predicate for the question exists."), cert. denied, 492 U.S. 925, 109 S.Ct. 3263, 106 L.Ed.2d 608 (1989); Kornreich v. Indus. Fire Ins. Co. (1936), 132 Ohio St. 78, 88 ("These collateral attacks must be made in good faith . . . ."). This is especially true in criminal cases where the unfair prejudice may be great. See also 1 McCormick, Evidence § 41, at 140 (4th ed. 1992) ("A good faith basis for the inquiry is required."). Professor Graham explains the requirement as follows:

Note that the requirement of a good faith basis applies only when the cross-examiner is effectively asserting in the form of a question the truth of a factual statement included within the question. If the cross-examiner is merely inquiring whether something is or is not true, a good faith basis is not required. Thus the question, "Your glasses were being repaired at the time of the accident, weren't they?" requires a good faith basis, while the question, "Were you wearing your glasses at the time of the accident?" does not.

1 Graham, Handbook of Federal Evidence § 607.2, at 679-80 (4th ed. 1996).

Using the term "reasonable basis," the amendment codifies the good-faith basis-in-fact requirement as recognized at common law. In addition to the Rules of Evidence, the Code of Professional Responsibility imposes requirements on questioning witnesses. See DR 7-106(C).