Section 10.6 Evidence of Character and Conduct of Witnesses

• Library: Civil Trial Practice 2015 Supp

3. (§10.6) Evidence of Character and Conduct of Witnesses

It has long been the rule in Missouri that on cross-examination a witness may be asked any question that tends to test the witness’s accuracy, veracity, or credibility. The witness may be compelled to answer any such question, however irrelevant it may be to the facts in issue, and no matter how disgraceful the answer may be to the witness, unless the answer might expose the witness to a criminal charge. Sandy Ford Ranch, Inc. v. Dill, 449 S.W.2d 1, 6 (Mo. 1970); Chism v. Cowan, 425 S.W.2d 942 (Mo. 1967).

The trial court, however, has considerable discretion in permitting a witness to be examined, for the purpose of impeachment, concerning the commission of particular wrongful or immoral acts that are collateral to the principal controversy. Klein v. Gen. Elec. Co., 714 S.W.2d 896, 905 (Mo. App. E.D. 1986). Accordingly, credibility of a witness for truthfulness cannot be attacked by showing specific acts of immorality or by showing that the witness’s general moral character or reputation is bad. State v. Wolfe, 13 S.W.3d 248, 258 (Mo. banc 2000); State v. Schupp, 677 S.W.2d 909, 913 (Mo. App. E.D. 1984). Thus, for example, a cross-examiner cannot delve into a witness’s reputation for sexual morality to show a poor reputation for truth and veracity. State v. Williams, 492 S.W.2d 1 (Mo. App. E.D. 1973). Likewise, evidence of a witness’s drug use generally is inadmissible to impeach unless clearly relevant. Embree v. Norfolk & W. Ry. Co.,907 S.W.2d 319, 324 (Mo. App. E.D. 1995); Doisy v. Edwards, 398 S.W.2d 846, 849–50 (Mo. 1966).

Character evidence, however, may be introduced when character is directly in issue as an element of a claim or defense. See, e.g., Downing v. Downing, 537 S.W.2d 840, 843 (Mo. App. W.D. 1976) (custody); see also Haynam v. Laclede Elec. Coop., Inc., 827 S.W.2d 200, 206 (Mo. banc 1992) (reputation damages in libel and slander cases)...