TRUTHTELLING AND CONDUCT OF WITNESS
Rule 2:608.IMPEACHMENT BY EVIDENCE OF REPUTATION FOR
Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 2:608 governs impeaching or supporting a witness’s credibility through reputation evidence limited to truthfulness, bars proving specific instances of conduct through extrinsic evidence, and carves out exceptions for cross-examining a character witness, questioning about unadjudicated perjury, and cross-examining a complaining witness about prior false sexual-misconduct accusations.
Full Text of Rule 2:608
(a) Reputation evidence of the character trait for truthfulness or untruthfulness. T he credibility of a witness may be attacked or supported by evidence in the form of reputation, subject to these limitations: (1) the evidence may relate only to character trait for truthfulness or untruthfulness; (2) evidence of truthful character is admissible only after the character trait of the witness for truthfulness has been attacked by reputation evidence or otherwise; and (3) evidence is introduced that the person testifying has sufficient familiarity with the reputation to make the testimony probative.
(b) Specific instances of conduct; extrinsic proof. Except as otherwise provided in this Rule, by other principles of evidence, or by statute, (1) specific instances of the conduct of a witness may not be used to attack or support credibility; and (2) specific instances of the conduct of a witness may not be proved by extrinsic evidence.
(c) Cross-examination of character witness. Specific instances of conduct may, if probative of truthfulness or untruthfulness, be inquired into on c ross-examination of a ch aracter witness concerning the character trait for truthfulness or untruthfulness of another witness as to whose character trait the witness being cross-examined has testified.
(d) Unadjudicated perjury. If the trial judge makes a threshold determination that a reasonable probability of falsity exists, any witness may be questioned about prior specific instances of unadjudicated perjury. E xtrinsic proof of the unadjudicated perjury may not be shown.
(e) Prior false accusations in sexual assault cases. Except as otherwise provided by other evidentiary principles, statutes or Rules of Court, a complaining witness in a sexual assault case may be cross-examined about prior false accusations of sexual misconduct.
Plain-English Summary
Rule 2:608 regulates character-based impeachment, distinct from Rule 2:609’s conviction-based impeachment. Subdivision (a) allows attacking or supporting a witness’s credibility with reputation evidence, but confines that evidence to the character trait for truthfulness or untruthfulness. Evidence of truthful character is admissible only after the witness’s truthful character has already been attacked, and the person offering the reputation testimony must have sufficient familiarity with that reputation for the testimony to carry weight.
Subdivision (b) draws a firm general line against specific-instances evidence: except as otherwise provided in the Rules, by other evidentiary principles, or by statute, specific instances of a witness’s conduct may not be used to attack or support credibility, and may not be proved by extrinsic evidence even when relevant. That default keeps trials from turning into a series of side disputes over collateral conduct.
Three exceptions open narrow doors. Subdivision (c) allows inquiry into specific instances of conduct, if probative of truthfulness or untruthfulness, when cross-examining a character witness about another witness’s character trait for truthfulness. Subdivision (d) allows questioning any witness about prior specific instances of unadjudicated perjury once the trial judge makes a threshold finding of a reasonable probability of falsity, though extrinsic proof of that perjury remains off-limits. Subdivision (e) allows cross-examining a complaining witness in a sexual assault case about prior false accusations of sexual misconduct, subject to any contrary evidentiary principle, statute, or Rule of Court.
Frequently Asked Questions
Can a witness’s general reputation be used to attack or support credibility in Virginia?
Yes, but Rule 2:608(a) limits that reputation evidence to the character trait for truthfulness or untruthfulness, and evidence of truthful character is admissible only after the witness’s truthfulness has been attacked.
Can a lawyer prove a witness lied on a specific past occasion by bringing in outside evidence of that incident?
Generally no. Rule 2:608(b) bars proving specific instances of a witness’s conduct through extrinsic evidence, subject to the exceptions the rule and other evidentiary principles allow.
Can a witness be questioned about a prior instance of perjury that was never prosecuted?
Yes, if the trial judge first makes a threshold determination that a reasonable probability of falsity exists. Rule 2:608(d) allows questioning about the unadjudicated perjury but bars proving it with extrinsic evidence.
Can a complaining witness in a sexual assault case be cross-examined about prior false accusations?
Yes. Rule 2:608(e) allows that cross-examination except as otherwise provided by other evidentiary principles, statutes, or Rules of Court.
When can specific instances of conduct come up on cross-examination of a character witness?
Rule 2:608(c) allows it when the specific instances are probative of truthfulness or untruthfulness and relate to the character trait the character witness testified about regarding another witness.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: reputation evidence impeachment virginiacharacter witness cross examination virginiaunadjudicated perjury impeachment virginiarule 2:608 virginia evidenceprior false accusation sexual assault virginia rule