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In a federal civil trial, Plaintiff calls Former Manager as a witness. Defendant seeks to impeach Former Manager with a felony embezzlement conviction entered 14 years ago. Former Manager was released from confinement 12 years ago. Defendant gave Plaintiff written notice before trial and argues that the conviction is highly probative because Former Manager's testimony concerns missing company funds.
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The conviction is admissible under ordinary Rule 403 balancing because the witness is not the defendant. The conviction is admissible only if its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect and the proponent gives reasonable written notice. The conviction is admissible only if the witness denies it on cross-examination. The conviction is automatically admissible because it was a felony.

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