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ARTICLE IV. RELEVANCY AND ITS LIMITS

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Rule 404
Rule 405
Rule 406
Rule 407
Rule 408
Rule 409
Rule 410
Rule 411
Rule 413
Rule 414
Rule 415
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 405. Other crimes, wrongs, or acts [Moved from Current Rule 404(b)] [changes highlighted]

Click here to see commentary on Revised Article 405.

[(a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.] [Moved to Revised Rule 404 (c)]

(a) General rule. Evidence of other crimes, wrongs, or acts [is not admissible to prove the character of a person in order to show action in conformity therewith.] [It] may[, however,] be admissible in both criminal and civil cases for [other] purposes other than proving general predisposition of a person, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, if the probative value of admitting this evidence outweighs the danger of unfair prejudice.

Click here to see commentary on Revised Article 405(a).

[(b) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct.] [Moved to Revised Rule 404(c)]

(b) Standard of Admissibility. The court may admit evidence of other crimes, wrongs, or acts of the accused only if the court determines by clear and convincing evidence that the accused committed the act in question. The court may admit evidence of crimes, wrongs, or acts of all other persons if it is determined by a preponderance of the evidence that the person committed the act in question.

Click here to see commentary on Revised Article 405(b).

(c) Notice requirement. [provided that upon request by the accused, the prosecution in a criminal case] The proponent of evidence under this rule shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.

Click here to see commentary on Revised Article 405(c).

Revised Rule 405. Other crimes, wrongs, or acts. [clean copy]

(a) General rule. Evidence of other crimes, wrongs, or acts may be admissible in both criminal and civil cases for purposes other than proving general predisposition of a person, such as proof of motive, opportun-ity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, if the probative value of admitting this evidence outweighs the danger of unfair prejudice.

(b) Standard of Admissibility. The court may admit evidence of other crimes, wrongs, or acts of the accused only if the court determines by clear and convincing evidence that the accused committed the act in question. The court may admit evidence of crimes, wrongs, or acts of all other persons if it is determined by a preponderance of the evidence that the person committed the act in question.

(c) Notice requirement. The proponent of evidence under this rule shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.

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