If more than 10 years have passed since the conviction, what must the proponent show for admissibility under Rule 609(a)(2)?

• A. The witness consents
• B. Only civil
• C. The judge allows
• D. Probative value outweighs prejudicial effect and notice given

Answer: (D)

When more than ten years have passed since a conviction, admissibility under Rule 609(a)(2) hinges on a two-part showing. First, the proponent must demonstrate that the conviction’s probative value for impeaching the witness substantially outweighs the prejudicial effect it would have on the jury. Second, the proponent must have given the required notice to the opposing party about the intent to use that conviction. If both conditions are met and the court agrees the balance favors admitting the evidence, it may be allowed. This ensures older convictions don’t unduly prejudice the trial, while still permitting highly probative impeachment in appropriate cases. Consent from the witness isn’t required, the rule isn’t limited to civil cases, and admissibility isn’t simply up to the judge’s gut feeling—the decision rests on the specific balance and notice requirements.