AI in Judicial EducationExploratory Project
Article IV. Relevancy and Its Limits

Rule 404. Character Evidence; Crimes or Other Acts

Effective January 1, 2014

See Rule 404 on the heat map

(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) Exceptions for a Defendant or Victim in a Criminal Case.

The following exceptions apply in a criminal case:

(A) 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;

(B) subject to the limitations in Rule 412, a defendant may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it; and

(C) in a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.

(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.

(1) Prohibited Uses.

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.

(2) Permitted Uses; Notice in a Criminal Case.

This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a defendant in a criminal case, the prosecutor must:

(A) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and

(B) do so before trial—or during trial if the court, for good cause, excuses lack of pretrial notice.

Opinions in this dataset that cite Rule 404

37 opinions in the dataset cite this rule, reversals first. Matched from each opinion’s coded issue, not from a reading of the opinion.

Reporter citations are as supplied and unverified; the official opinion link is the source of record.

Source: the Indiana Rules of Evidence, reproduced for browsing. Rule text as supplied, including the amendment to Rule 103(b) effective July 1, 2026 (Order, Cause No. 26S-MS-8); other rules carry their own effective dates. This is an unofficial copy; check the official text before relying on it. Not legal advice.