§626-0001-0610
Rule 610 Religious beliefs or opinions.
Evidence of beliefs or opinions of a witness on matters of religion is not
admissible for the purpose of showing that by reason of their nature the
witness' credibility is impaired or enhanced. [L 1980, c 164, pt of §1; gen ch
1985]
RULE 610 COMMENTARY
This rule is identical with Fed. R. Evid. 610, the
Advisory Committee's Note to which says:
While the
rule forecloses inquiry into the religious beliefs or opinions of a witness for
the purpose of showing that his character for truthfulness is affected by their
nature, an inquiry for the purpose of showing interest or bias because of them
is not within the prohibition. Thus disclosure of affiliation with a church
which is a party to the litigation would be allowable under the rule.
Case Notes
Trial court did not err in allowing witness to testify
regarding witness' religious beliefs where prosecution did not inquire into
witness' religious beliefs for the purpose of enhancing witness' credibility
but was instead seeking to establish why witness did not murder person
defendant sought to have witness murder. 99 H. 390, 56 P.3d 692.
The State did not elicit evidence of complainant's
"beliefs or opinions on matters of religion" in violation of this
rule where prosecutor's questions regarding the religious necklace were
relevant to showing complainant's ability to positively identify the items
complainant was wearing during defendant's assaults. 106 H. 365 (App.), 105
P.3d 242.