Rule 405. Methods of Proving Character

 

(a)   By Reputation or Opinion. When 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.

 

(b)   By Specific Instances of Conduct. When 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.

 

2011 Advisory Committee Note. – The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. This rule is the federal rule, verbatim.

 

ADVISORY COMMITTEE NOTE

 

This rule is the federal rule, verbatim, and is consistent with Rule 46, Utah Rules of Evidence (1971) and the decisions of the Utah Supreme Court. Cf. State v. Howard, 544 P.2d 466 (Utah 1975). Rule 47, Utah Rules of Evidence (1971) appears to be covered by subdivisions (a)(1) or (b) of Rule 404.