Me. R. Evid. 404

As amended through February 27, 2023

Rule 404 - Character Evidence; Crimes or Other Acts

(a) Character evidence.

(1)Prohibited uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

(2)Exception for a defendant in a criminal case. A defendant may offer evidence of the defendant's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it.

(3)Exceptions for a witness. Evidence of a witness's character may be admitted under Rules 607, 608, and 609.

(b) Crimes, wrongs, or other acts. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.

Me. R. Evid. 404

Adopted effective 1/1/2015.

Maine Restyling Note [November 2014]

Maine Rule 404 differs in some respects from its federal counterpart. The Maine Rule does not include any exception for evidence of the character of a victim in a criminal case, or permitting the prosecution to use evidence of the defendant's character to rebut it. The Maine Rule also does not spell out the grounds for limited admissibility of evidence of other wrongs under Rule 404(b). This does not mean that such evidence is not admissible for limited "non-character" purposes. However, the Maine Rule does not list some permissible non-character uses lest it be inferred that these are the only non-character purposes for which the evidence may be admitted. These differences have been maintained in the restyled Rule.

Federal Advisory Committee Note

The language of Rule 404 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.

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