Ohio R. Evid. 404

As amended through September 22, 2020
Rule 404 - Character Evidence not Admissible to Prove Conduct; Exceptions; Other Crimes
(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, subject to the following exceptions:
(1) Character of accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same is admissible; however, in prosecutions for rape, gross sexual imposition, and prostitution, the exceptions provided by statute enacted by the General Assembly are applicable.
(2) Character of victim. 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 is admissible; however, in prosecutions for rape, gross sexual imposition, and prostitution, the exceptions provided by statute enacted by the General Assembly are applicable.
(3) Character of witness. Evidence of the character of a witness on the issue of credibility is admissible 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 action 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. In criminal cases, the proponent of evidence to be offered under this rule shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.

Ohio. R. Evid. 404

Effective:July 1, 1980; amended effectivelyJuly 1, 2007,July 1, 2012.

Staff Note (July 1, 2012 Amendment)

The original Ohio Rule did not adopt the notice requirement included in the federal version of the rule. The rule, as amended, adds mutuality to the federal version of the rule so as to also provide the prosecution with notice of the defendant's intention to offer evidence under this rule. The purpose of adding the notice requirement is to provide the prosecution and the defense with the opportunity to prepare their case. Notice provided pursuant to this rule does not constitute a "demand of the defendant" under Crim.R. 16, and does not, in and of itself, constitute the initiation of discovery under Crim.R. 16. The rule should not be construed to exclude otherwise relevant and admissible evidence solely because of a lack of notice, absent a showing of bad faith.