Idaho Rules of Evidence

(a)  Character Evidence.

    

(1)  Prohibited Uses.  Evidence of a person's character or trait of character 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 defendantΓÇÖs pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

(B) a defendant may offer evidence of an alleged victimΓÇÖs pertinent trait of character, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

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

    

(3)  Exceptions for a Witness. Evidence of a witnessΓÇÖs 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 personΓÇÖs 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.  In a criminal case, the prosecutor must:

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

(B) do so reasonably in advance of trial ΓÇô or during trial if the court, for good cause shown, excuses lack of pretrial notice.

 

(Adopted March 26, 2018, effective July 1, 2018.)