Legal Question in Personal Injury in New York

Nexus Between Civil and Crimial Law
In a civil proceeding, can a plaintiff's past unrelated criminal conviction be introduced into evidence? It is my understanding that The Federal Rules of Law forbid this if, among other things, the crimninal case didn't involve deception or fraud which obviously calls into question the plaintiff's credibility and/or also if the prejudicial value of the criminal conviction were to out-weigh the probative value. However, state civil courts are not always in lockstep with the Federal Rules of Law. If a motion in limine to preclude were made at pre-trial, what wouyld be the probable outcome?

Asked on 6/25/08, 3:11 pm

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

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Re: Nexus Between Civil and Crimial Law

It sounds as if you are confusing the admissibility of a prior conviction in a criminal proceeding versus admissibility in a civil proceeding.

Civil defendants are not given nearly the same constitutional protections as criminal defendants.

Under CPLR 4513, ANY felony or misdeanor is admissible to impeach a parties credibility in a civil proceeding.

You motion in limine, in all likelihood, would be denied.

Answered on 6/25/08, 3:48 pm

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