MBE Evidence Practice Exam 2026 - Free Evidence Practice Questions and Study Guide

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Can a party introduce extrinsic evidence of a witness's specific past conduct to attack credibility?

Yes, always.

No, extrinsic evidence of specific acts is not admissible to attack credibility; cross-examination is allowed.

The key idea is that credibility impeachment for a witness cannot rely on extrinsic evidence of specific past acts. Under the rules, you may test a witness’s truthfulness by asking about specific incidents on cross-examination, but you cannot introduce outside evidence to prove those acts occurred. The cross-examiner can inquire about such acts to probe credibility, and if the witness denies, you don’t get to bring in other evidence to back up the claim. There is a separate path for credibility attacks via prior convictions under another rule, but that involves evidence of the conviction itself, not extrinsic proof of the act. So, extrinsic evidence of specific past conduct to attack credibility is not admissible; cross-examination is the proper method.

Only if the past act is a crime of dishonesty.

Only if the witness testifies.

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