Why would the state ask for a Rule 609 hearing and what is it
Military Law Attorney
If this is the rule you are talking about. Then such a hearing is to determine whether or not a witness can be impeached with certain types of evidence/questions.
The hearing is done outside the presence of the jury to avoid prejudicing/tainting the jury. This is a common practice and procedure in most states and federal courts.
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Estate Planning Attorney
My colleague is correct, 609 handles impeachment of a witness by evidence of a criminal conviction, sets out the rules for how an attorney can do it, and the hearing would have to be out of the presence of a jury (before trial likely) so that the lawyers can figure how and whether to run their case depending on whether the evidence gets in.
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