Evidence Rules - Character Evidence

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Character Evidence -

404(a)(1): Character Evidence - Crimes or Other Acts in only Criminal Cases

Prohibited Uses

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Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

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Character Evidence -

404(b): Character Evidence - Crimes, Wrongs, or Other Acts in Criminal and Civil Cases

Prohibited Uses and Permitted Uses

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(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

(2) Permitted Uses; Notice in a Criminal Case. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a defendant in a criminal case, the prosecutor must:

(A) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and

(B) do so before trial — or during trial if the court, for good cause, excuses lack of pretrial notice.

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Character Evidence -

413(a): Similar Crimes in Sexual-Assault Cases - Permitted Uses

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(a) Permitted Uses. In a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant.

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Character Evidence -

413(b): Similar Crimes in Sexual-Assault Cases - Disclosure to the Defendant

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(b) Disclosure to the Defendant. If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.

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Character Evidence -

413(c): Similar Crimes in Sexual-Assault Cases - Effect on Other Rules

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(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.

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Character Evidence -

413(d): Similar Crimes in Sexual-Assault Cases - Definition of Sexual Assault

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(d) Definition of “Sexual Assault.” In this rule and Rule 415, “sexual assault” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving:

(1) any conduct prohibited by 18 U.S.C. chapter 109A;

(2) contact, without consent, between any part of the defendant’s body — or an object — and another person’s genitals or anus;

(3) contact, without consent, between the defendant’s genitals or anus and any part of another person’s body;

(4) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on another person; or

(5) an attempt or conspiracy to engage in conduct described in subparagraphs (1)–(4).

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Character Evidence -

414(a): Similar Crimes in Child-Molestation Cases - Permitted Uses

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(a) Permitted Uses. In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant.

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Character Evidence -

414(b): Similar Crimes in Child-Molestation Cases - Disclosure to the Defendant

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(b) Disclosure to the Defendant. If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.

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Character Evidence -

414(c): Similar Crimes in Child-Molestation Cases - Effect on Other Rules

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(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.

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Character Evidence -

414(d): Similar Crimes in Child-Molestation Cases - Definition of "Child" and "Child Molestation"

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(1) “child” means a person below the age of 14; and

(2) “child molestation” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving:

(A) any conduct prohibited by 18 U.S.C. chapter 109A and committed with a child;

(B) any conduct prohibited by 18 U.S.C. chapter 110;

(C) contact between any part of the defendant’s body — or an object — and a child’s genitals or anus;

(D) contact between the defendant’s genitals or anus and any part of a child’s body;

(E) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on a child; or(F) an attempt or conspiracy to engage in conduct described in subparagraphs (A)–(E).

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Character Evidence -

415(a): Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation - Permitted Uses

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(a) Permitted Uses. In a civil case involving a claim for relief based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. The evidence may be considered as provided in Rules 413 and 414.

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Character Evidence -

415(b): Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation - Disclosure to the Opponent

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(b) Disclosure to the Opponent. If a party intends to offer this evidence, the party must disclose it to the party against whom it will be offered, including witnesses’ statements or a summary of the expected testimony. The party must do so at least 15 days before trial or at a later time that the court allows for good cause.

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Character Evidence -

415(c): Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation - Effect on Other Rules

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(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.

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Character Evidence -

404(a)(2)(A-C): Character Evidence; Crimes or Other Acts - Exceptions for a Defendant or Victim in a Criminal Case

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The following exceptions apply in a criminal case:

(A) a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

(B) subject to the limitations in Rule 412, a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may:

(i) offer evidence to rebut it; and

(ii) offer evidence of the defendant’s same

trait; and

(C) in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor.

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Character Evidence -

405: Methods of Proving Character

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(a) By Reputation or Opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.

(b) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.

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Character Evidence -

406: Habit; Routine Practice

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Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

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Character Evidence -

404(a)(3): Exceptions for a Witness.

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(3) Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.

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Character Evidence -

607: Who May Impeach a Witness

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Any party, including the party that called the witness, may attack the witness’s credibility.

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Character Evidence -

608(a): A Witness's Character for Truthfulness or Untruthfulness - Reputation or Opinion Evidence

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(a) Reputation or Opinion Evidence. A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.

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Character Evidence -

608(b): A Witness's Character for Truthfulness or Untruthfulness - Specific Instances of Conduct

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(b) Specific Instances of Conduct. Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:

(1) the witness; or

(2) another witness whose character the witness being cross-examined has testified about.By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.

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Character Evidence -

609(a): Impeachment by Evidence of a Criminal Conviction - In General

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(a) In General. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction:

(1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence:

(A) must be admitted, subject to Rule 403, in

a civil case or in a criminal case in which the

witness is not a defendant; and

(B) must be admitted in a criminal case in

which the witness is a defendant, if the

probative value of the evidence outweighs

its prejudicial effect to that defendant;

and

(2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving — or the witness’s admitting — a dishonest act or false statement.

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Character Evidence -

609(b): Impeachment by Evidence of a Criminal Conviction - Limit on Using the Evidence after 10 Years

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(b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:

(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and

(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.

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Character Evidence -

609(c): Impeachment by Evidence of a Criminal Conviction - Effect of a Pardon, Annulment, or Certificate of Rehabilitation

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(c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. Evidence of a conviction is not admissible if:

(1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year; or

(2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

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Character Evidence -

609(d): Impeachment by Evidence of a Criminal Conviction - Juvenile Adjudications

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(d) Juvenile Adjudications. Evidence of a juvenile adjudication is admissible under this rule only if:

(1) it is offered in a criminal case;

(2) the adjudication was of a witness other than the defendant;

(3) an adult’s conviction for that offense would be admissible to attack the adult’s credibility; and

(4) admitting the evidence is necessary to fairly determine guilt or innocence.

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Character Evidence -

609(e): Impeachment by Evidence of a Criminal Conviction - Pendency of an Appeal

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(e) Pendency of an Appeal. A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible.

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Character Evidence -

412(a): Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition - Prohibited Uses

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(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:

(1) evidence offered to prove that a victim engaged in other sexual behavior; or

(2) evidence offered to prove a victim’s sexual predisposition.

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Character Evidence -

412(b)(1): Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition - Exceptions in Criminal Cases

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(b) Exceptions.

(1) Criminal Cases. The court may admit the following evidence in a criminal case:

(A) evidence of specific instances of a victim’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;

(B) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and

(C) evidence whose exclusion would violate the defendant’s constitutional rights.

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Character Evidence -

412(b)(2): Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition - Exceptions in Civil Cases

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(2) Exceptions: Civil Cases. In a civil case, the court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy.

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Character Evidence -

412(c)(1): Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition - Procedure to Determine Admissibility

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(1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:

(A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered;

(B) do so at least 14 days before trial unless the court, for good cause, sets a different time;(C) serve the motion on all parties; and

(D) notify the victim or, when appropriate, the victim’s guardian or representative.

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Character Evidence -

412(c)(2): Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition - Procedure to Determine Admissibility

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(2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.

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Character Evidence -

412(d): Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition - Definition of "Victim"

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(d) Definition of “Victim.” In this rule, “victim” includes an alleged victim.