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Rule 2:610.BIAS OR PREJUDICE OF A WITNESS

Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026

In one sentenceRule 2:610 allows a witness to be impeached by showing the witness is biased for or prejudiced against a party, and permits extrinsic evidence to prove that bias or prejudice.

Full Text of Rule 2:610

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A witness may be impeached by a showing that the witness is biased for or prejudiced against
a party. Extrinsic evidence of such bias or prejudice may be admitted.

Plain-English Summary

Rule 2:610 recognizes bias as its own impeachment ground, separate from reputation evidence, prior convictions, or prior inconsistent statements. A witness may be impeached by a showing that the witness is biased for or prejudiced against a party — a financial interest in the outcome, a personal relationship with a party, or hostility toward a party can all fall within this ground, though the rule’s text states the standard generally rather than listing specific sources of bias.

Unlike the general bar on extrinsic proof of specific conduct in Rule 2:608(b), Rule 2:610 expressly permits extrinsic evidence of bias or prejudice. A party is not confined to cross-examining the witness about the bias and taking whatever answer comes back — the party may bring in independent evidence to establish it.

Because bias impeachment often overlaps with other rules in this article — Rule 2:607 lists bias among its recognized impeachment methods, and a witness’s prior statement may become admissible under Rule 2:801(d)(2)(B) to rebut a bias-based attack — Rule 2:610 works as part of the broader impeachment scheme rather than as an isolated provision.

Frequently Asked Questions

Can a witness be impeached just by showing bias toward one side?

Yes. Rule 2:610 allows impeachment through a showing that the witness is biased for or prejudiced against a party.

Does a party have to rely only on cross-examination to prove a witness’s bias?

No. Rule 2:610 expressly allows extrinsic evidence of bias or prejudice, so a party can introduce independent evidence beyond the witness’s own answers on cross-examination.

Is bias impeachment listed among the impeachment methods in Rule 2:607?

Yes. Rule 2:607(a)(v) lists evidence of bias as provided in Rule 2:610 among the recognized methods of impeaching a witness.

Does Rule 2:610 require the bias to relate to a party rather than to the case in general?

Yes. The rule’s text frames bias or prejudice as being for or against a party, not an opinion about the subject matter of the case.

Can extrinsic evidence of bias include documents or testimony from other witnesses?

The rule does not limit the form of extrinsic evidence; it permits extrinsic evidence of bias or prejudice generally, which can include documents or other witnesses’ testimony establishing the bias.

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
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