FRE · Rule 404

FRE Rule 404

Quick Answer

What is FRE Rule 404?

FRE Rule 404 governs the admissibility of character evidence and prior bad acts. It is essential for understanding the limits on using a person's character to prove conduct in legal proceedings.

Source: FRE Rule 404

Official Text
Rule 404 prohibits the use of evidence of a person's character to prove that on a particular occasion the person acted in accordance with the character or trait. However, it allows evidence of a pertinent character trait of the accused in a criminal case, and in some situations, it permits character evidence in civil cases under specific exceptions.
Plain Language

FRE Rule 404 restricts the use of a person's past behavior or character as evidence to prove that they acted in a certain way in the current case. It does allow certain exceptions, especially in criminal cases, where a defendant can use evidence of their good character.

Purpose

The purpose of this rule is to prevent prejudice that may arise from the admission of character evidence. It aims to focus on whether the conduct in question occurred, rather than on a person's overall character.

Key Provisions

404(a)

Prohibits the use of character evidence to prove that a person acted in conformity with their character on a particular occasion, except for certain exceptions in criminal cases.

404(b)

Permits evidence of crimes, wrongs, or other acts to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but not to prove character.

Practice Notes
  • Always assess whether character evidence is being used to prove conduct in the current case to determine its admissibility under FRE 404.
  • Be mindful of the notice requirements for offering evidence under 404(b) concerning prior bad acts or crimes.
  • Consider the balance between probative value and prejudicial impact when evaluating the admissibility of evidence under this rule.
Landmark Cases

Huddleston v. United States

This case provided guidance on the admissibility of evidence under FRE 404(b) by establishing that evidence of prior bad acts is admissible if it is relevant to an issue other than character, and if its probative value outweighs its prejudicial effects.

United States v. McCourt

The court reaffirmed that evidence of prior acts can be admitted under 404(b) if it satisfies the conditions of being relevant for purposes other than proving character.

Common Motions
  • Motion in limine to exclude character evidence
Exam Tip

Expect exam questions on FRE 404 to focus on identifying proper scenarios for admitting or excluding character evidence and the exceptions to the rule.

Related Rules
  • fre-rule-405
  • fre-rule-406

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