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FEDERAL |
Law Students | |||||
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Article IV-Relevancy |
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Rule 404-Character Evidence Exclusion |
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US Codes |
|Federal Rules of Civil Procedure |
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ARTICLE IV. RELEVANCY AND ITS LIMITS
Rule 404. Character Evidence Not Admissible To Prove Conduct;
Exceptions; Other Crimes
(a) Character evidence generally
Evidence of a person's character or a trait of character is not admissible for
the purpose
of proving action in conformity therewith on a particular occasion, except:
(1) Character of accused - Evidence of a pertinent trait of character offered by
an
accused, or by the prosecution to rebut the same, or if evidence of a trait of
character of
the alleged victim of the crime is offered by an accused and admitted under Rule
404
(a)(2), evidence of the same trait of character of the accused offered by the
prosecution;
(2) Character of alleged victim - Evidence of a pertinent trait of character of
the alleged
victim of the crime offered by an accused, or by the prosecution to rebut the
same, or
evidence of a character trait of peacefulness of the alleged victim offered by
the
prosecution in a homicide case to rebut evidence that the alleged victim was the
first
aggressor;
(3) Character of witness - Evidence of the character of a witness, as provided
in rules
607 , 608 , and 609 .
(b) Other crimes, wrongs, or acts
Evidence of other crimes, wrongs, or acts is not admissible to prove the
character of a
person in order to show action in conformity therewith. It may, however, be
admissible
for other purposes, such as proof of motive, opportunity, intent, preparation,
plan,
knowledge, identity, or absence of mistake or accident, provided that upon
request by
the accused, the prosecution in a criminal case shall provide reasonable notice
in
advance of trial, or during trial if the court excuses pretrial notice on good
cause shown,
of the general nature of any such evidence it intends to introduce at trial.
Rule 404.
Notes
.
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Rule 404
(LII). Character Evidence Not Admissible To Prove Conduct;
Exceptions; Other Crimes
Rule 404.
Notes