Evidence: character

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Library edition words from Federal Rules of Evidence

Rules 404 and 405: when character evidence is barred, its exceptions, and how character may be proved.

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Words from
Federal Rules of Evidence (as amended to Dec. 1, 2024). Enacted law, free to use.
Edition
Federal Rules of Evidence, as amended to Dec. 1, 2024 (House Judiciary Committee print)
Checked
Word for word against the source, on 17 October 2026.
How it was made
Each card is a rule’s own words, under its number and heading; a list becomes the card’s items.Words split across lines are joined, an item’s closing “; and” is dropped, and the print’s two single quotation marks are set as one double mark.
Edited by
Aheadso chose the cards and set them out.Every word on them is the source’s.
On the shelf
Law, Evidence · 10 cards · 2 topics

The cards

  1. FRE 404Character Evidence; Other Crimes, Wrongs, or Acts
  2. FRE 404(a)(1): Prohibited UsesEvidence 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.
  3. FRE 404(a)(2): The following exceptions apply in a criminal case
    1. 1a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it
    2. 2subject 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
    3. 3in 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
  4. FRE 404(a)(3): Exceptions for a WitnessEvidence of a witness’s character may be admitted under Rules 607, 608, and 609.
  5. FRE 404(b)(1): Prohibited UsesEvidence 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 accordance with the character.
  6. FRE 404(b)(2): This evidence may be admissible for another purpose, such as proving
    1. 1motive
    2. 2opportunity
    3. 3intent
    4. 4preparation
    5. 5plan
    6. 6knowledge
    7. 7identity
    8. 8absence of mistake
    9. 9lack of accident
  7. FRE 404(b)(3): In a criminal case, the prosecutor must
    1. 1provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it
    2. 2articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose
    3. 3do so in writing before trial—or in any form during trial if the court, for good cause, excuses lack of pretrial notice
  8. FRE 405Methods of Proving Character
  9. FRE 405(a): By Reputation or OpinionWhen 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.
  10. FRE 405(b): By Specific Instances of ConductWhen 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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