Section 10.5 Evidence of Conviction of Crime

• Library: Civil Trial Practice 2015 Supp

2. (§10.5) Evidence of Conviction of Crime

In Missouri, a party to a civil action has an absolute right to cross-examination concerning prior convictions of felonies or misdemeanors. Section 491.050, RSMo 2000.

Section 491.050 states:

Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a civil or criminal case and, further, any prior pleas of guilty, pleas of nolo contendre, and findings of guilty may be proved to affect his credibility in a criminal case. Such proof may be either by the record or by his own cross-examination, upon which he must answer any question relevant to that inquiry, and the party cross-examining shall not be concluded by his answer.

The statute confers an absolute right, in both criminal and civil proceedings, to inspect the credibility of any witness with the witness’s criminal convictions. M.A.B. v. Nicely, 909 S.W.2d 669, 671 (Mo. banc 1995). There is no discretion in the trial court to bar such impeachment because of remoteness or other grounds. Forbis v. Associated Wholesale Grocers, Inc., 513 S.W.2d 760 (Mo. App. S.D. 1974).

A “crime” as used in the statute, however, does not include the violation of a city ordinance. State v. Helm, 892 S.W.2d 743, 745 (Mo. App...