Current through Register Vol. 54, No. 44, November 2, 2024
Rule 405 - Methods of Proving Character(a)By Reputation. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation. Testimony about the witness's opinion as to the character or character trait of the person is not admissible. (1) On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct probative of the character trait in question.(2) In a criminal case, on cross-examination of a character witness, inquiry into allegations of other criminal conduct by the defendant, not resulting in conviction, is not permissible.(b)By Specific Instances of Conduct. Specific instances of conduct are not admissible to prove character or a trait of character, except: (1) In a civil case, when a person's character or a character trait is an essential element of a claim or defense, character may be proved by specific instances of conduct.(2) In a criminal case, when character or a character trait of an alleged victim is admissible under Pa.R.E. 404(a)(2)(B) the defendant may prove the character or character trait by specific instances of conduct.The provisions of this Rule 405 amended July 20, 2000, effective 10/1/2000, 30 Pa.B. 3919; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620.