Rule 404 - [Effective 1/1/2025] Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes, Wrongs or Acts(a) Character evidence generally. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1)Character of accused. In a criminal case, evidence of a pertinent trait of the accused's character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the victim of the crime is offered by an accused and admitted under Rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution; (2)Character of a victim. In a criminal case and subject to the limitations imposed by 12 V.S.A. §§ 3255, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor; (3)Character of witness. Evidence of the character of a witness, as provided in Rules 607, 608 and 609. (b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Amended March 31, 2004; eff. 7/1/2004; Oct. 25, 2011, eff. 12/27/2011; amended Aug. 12, 2024, effective 1/1/2025.Reporter's Notes-2025 Amendment
Rule 404(b) is amended to remove gendered pronouns.