Legal term
Character evidence
Answer: Character evidence. FRE 404(a) generally bars using a person’s disposition to prove conduct in conformity; civil cases have no exceptions, while criminal defendants have limited ones. ([law.cornell.edu](https://www.law.cornell.edu/rules/fre/rule_404)) FRE 404(b) allows other‑acts proof for non‑propensity purposes and requires notice in criminal cases. ([law.cornell.edu](https://www.law.cornell.edu/rules/fre/rule_404)) When admissible, FRE 405 governs methods—reputation or opinion; specific instances only on cross or when the trait is an element. ([law.cornell.edu](https://www.law.cornell.edu/rules/fre/rule_405)) Do not confuse this with impeachment of a witness’s truthfulness under Rules 608 and 609. ([law.cornell.edu](https://www.law.cornell.edu/rules/fre/rule_608))
Rule to remember
Character evidence is proof of a person’s character or trait offered to show conduct in conformity on a particular occasion, generally barred by FRE 404(a)(1) with narrow criminal‑case exceptions and distinct non‑propensity uses under FRE 404(b).
Key elements and checks
- General rule: no propensity use to show conduct on a particular occasion. FRE 404(a)(1).
- Civil cases: no exceptions to the propensity ban. FRE 404(a).
- Criminal exceptions: accused may offer pertinent traits of self or alleged victim; prosecution may rebut; homicide peacefulness rebuttal. FRE 404(a)(2).
- Other‑acts for non‑propensity purposes (motive, intent, plan, identity, etc.); Rule 403 applies; notice required in criminal cases. FRE 404(b).
- Methods when admissible: reputation or opinion; specific instances only on cross, or when the trait is an element. FRE 405(a)–(b).
- Do not confuse with impeachment for truthfulness under Rules 608 and 609; that is not propensity to prove conduct.
In the source’s words
“Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.”
Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts | Federal Rules of Evidence | LII
“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.”
Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts | Federal Rules of Evidence | LII
Meaningful state variation exists. States often track FRE 404–405 but may diverge on topics like allowing propensity in sexual‑offense or domestic‑violence cases, the scope of rebuttal, and notice timing. Always check the jurisdiction’s evidence code and case law.