(a) Evidence of a person’s character or a trait of his/her character is not admissible for the purpose of proving that he/she acted in conformity therewith on a particular occasion, except:
(1) If the evidence is offered by the defense on the character of the accused.
(2) If the evidence is offered by the prosecution on the character of the accused to rebut the evidence of character introduced by the defense pursuant to the previous clause.
(3) If the evidence is offered by the defense on the character of the victim, pursuant to the provisions in Rule 21.
(4) If the evidence is offered by the prosecution on the character of the victim in order to rebut the evidence of character introduced by the defense under clause (3) above.
(5) If the evidence is offered by the prosecution in relation to the peaceful or calm character of the victim in a murder or homicide case to rebut evidence that the victim was the first aggressor.
(b) Evidence of specific conduct, including the commission of other offenses, civil damages or other acts is not admissible to establish the tendency to incur in this type of conduct or the purpose of inferring that the person acted in conformity therewith; however, said evidence is admissible if it is relevant for other purposes, such as to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or to establish or rebut a defense.
(c) When evidence of character is admissible pursuant to subsection (a) of this rule above, it shall be admitted only through the testimony of a character witness or by testimony in the form of an opinion about a relevant character trait, without prejudice that in the cross-examination inquiries may be made on the specific relevant conduct.
(d) When a person’s character or trait is an essential element of a charge, claim, cause [of] action or defense, character evidence may be admissible not only through testimony of a character witness or by testimony in the form of opinion, but also through relevant specific instances of this conduct.
(e) Any evidence of habit or practice is admissible to prove that the conduct in a particular occasion was in conformity with habit or practice.
(f) Nothing of what is provided in this rule shall affect the admissibility of evidence offered to uphold or impeach the credibility of a witness pursuant to Rule 45.
History —Amended on Sept. 29, 2004, No. 505, § 1.