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Idaho Rules of Evidence Rule 404. Character Evidence; Crimes or Other Acts.

(a)  Character Evidence.

    

(1)  Prohibited Uses.  Evidence of a person's character or trait of character is not admissible to prove that on a particular occasion 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 prosecutor may offer evidence to rebut it;

(B) a defendant may offer evidence of an alleged victim’s pertinent trait of character, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

(C) in 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.

    

(3)  Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules 607, 608 and 609.

    

(b)  Crimes, Wrongs, or Other Acts.

 

(1) Prohibited Uses.  Evidence of a crime, wrong, or other 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.

(2) Permitted Uses; Notice in a Criminal Case.  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.  In a criminal case, the prosecutor must:

(A) file and serve reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and

(B) do so reasonably in advance of trial – or during trial if the court, for good cause shown, excuses lack of pretrial notice.

 

(Adopted March 26, 2018, effective July 1, 2018.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello

 

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