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Rule 405.?Methods of Proving Character.

 

(a)   ByReputation or Opinion. When evidence of a person?s character or character trait isadmissible, it may be proved by testimony about theperson?s reputation or by testimony in the form of an opinion. Oncross-examination of the character witness, the court may allow an inquiry intorelevant specific instances of the person?s conduct.

 

(b)   BySpecific Instances of Conduct. When a person?s character or character trait is an essentialelement of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of theperson?s conduct.

 

 

2011Advisory Committee Note. ?The language of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intendedto be stylistic only. There is no intent to change any result in any ruling onevidence admissibility. This rule is the federal rule, verbatim.

 

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