Rule 404 — Character Evidence; Other Crimes, Wrongs, or Acts

Fed. R. Evid. 404

• Source: Federal Rules of Evidence
• Rule: 404
• ARTICLE IV: RELEVANCE AND ITS LIMITS
• Citation: Fed. R. Evid. 404

Text

(a) CHARACTEREVIDENCE.
(1) Prohibited Uses. Evidence of a person’s character or char-
acter trait is not admissible to prove that on a particular oc-
casion the person acted in accordance with the character or
trait.
(2) Exceptions for a Defendant or Victim in a Criminal Case. 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 pros-
ecutor 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 evi-
dence that the victim was the first aggressor.
(3) Exceptions for a Witness. Evidence of a witness’s character
may be admitted under Rules 607, 608, and 609.
(b) OTHERCRIMES, WRONGS, ORACTS.
(1) Prohibited Uses. Evidence of any other crime, wrong, or
act is not admissible to prove a person’s character in order to
show that on a particular occasion the person acted in accord-
ance with the character.
(2) Permitted Uses. This evidence may be admissible for an-
other purpose, such as proving motive, opportunity, intent,
preparation, plan, knowledge, identity, absence of mistake, or
lack of accident.
(3) Notice in a Criminal Case. In a criminal case, the prosecu-
tor must:
(A) provide reasonable notice of any such evidence that
the prosecutor intends to offer at trial, so that the defend-
ant has a fair opportunity to meet it;
(B) articulate in the notice the permitted purpose for
which the prosecutor intends to offer the evidence and the
reasoning that supports the purpose; and
(C) do so in writing before trial—or in any form during
trial if the court, for good cause, excuses lack of pretrial
notice.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 27, 2020, eff. Dec. 1, 2020.)