New Jersey State Bar Association (NJSBA) President-Elect Kimberly Yonta testified at the Judicial Conference last week on the impact of proposed changes to New Jersey Rules of Evidence 608, which would expand the scope of permissible cross-examination to allow specific-act evidence. An initial proposal called for the expansion in both civil and criminal cases, but the proposal considered by the conference was for an expansion in criminal cases only. Yonta joined the County Prosecutors Association of New Jersey and the Trial Attorneys of New Jersey in urging the panel to reject the amendment.

The proposal came from the Supreme Court’s decision in State v. Scott, 229 N.J. 469 (2017). In Scott, the Supreme Court held that evidence showing the defendant’s mother had lied to police on two previous occasions to cover for the defendant went beyond the scope of permissible inquiry into the mother’s bias under the current rules. Yet, the Court questioned whether that result impeded the jury’s search for the truth.

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