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Rule 405. Methods of Proving Character

 

(a)   By Reputation or Opinion. When evidence of a personís characteror character trait is admissible, it may be proved by testimony about thepersonís reputation or by testimony in the form of an opinion. On cross-examinationof the character witness, the court may allow an inquiry into relevant specificinstances of the personís conduct.

 

(b)   By Specific Instances of Conduct. When a personís character orcharacter trait is an essential element of a charge, claim, or defense, thecharacter or trait may also be proved by relevant specific instances of thepersonís conduct.

 

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

 

ADVISORYCOMMITTEE NOTE

 

This rule isthe federal rule, verbatim, and is consistent with Rule 46, Utah Rules ofEvidence (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.