Summary of changes
Rule 404 — Character evidence, crimes or other acts
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
0 amended
0 added
0 removed
23 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
404(a)
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Original text
Character Evidence.
Current text
Character Evidence.
404(a)(1)
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Original text
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.
Current text
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.
404(a)(2)
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Original text
Exceptions for an Accused or Victim.
Current text
Exceptions for an Accused or Victim.
404(a)(2)(A)
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Original text
The accused may offer evidence of the accused's pertinent trait and, if the evidence is admitted, the prosecution may offer evidence to rebut it. General military character is not a pertinent trait for the purposes of showing the probability of innocence of the accused for the following offenses under the UCMJ:
Current text
The accused may offer evidence of the accused's pertinent trait and, if the evidence is admitted, the prosecution may offer evidence to rebut it. General military character is not a pertinent trait for the purposes of showing the probability of innocence of the accused for the following offenses under the UCMJ:
404(a)(2)(A)(i)
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Original text
Article 105;
Current text
Article 105;
404(a)(2)(A)(ii)
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Original text
Articles 120-122;
Current text
Articles 120-122;
404(a)(2)(A)(iii)
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Original text
Articles 123a-124;
Current text
Articles 123a-124;
404(a)(2)(A)(iv)
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Original text
Articles 126-127;
Current text
Articles 126-127;
404(a)(2)(A)(v)
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Original text
Articles 129-131;
Current text
Articles 129-131;
404(a)(2)(A)(vi)
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Original text
Any other offense in which evidence of general military character of the accused is not relevant to any element of an offense for which the accused has been charged; or
Current text
Any other offense in which evidence of general military character of the accused is not relevant to any element of an offense for which the accused has been charged; or
404(a)(2)(A)(vii)
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Original text
An attempt or conspiracy to commit one of the above offenses.
Current text
An attempt or conspiracy to commit one of the above offenses.
404(a)(2)(B)
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Original text
Subject to the limitations in Mil. R. Evid. 412, the accused may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecution may:
Current text
Subject to the limitations in Mil. R. Evid. 412, the accused may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecution may:
404(a)(2)(B)(i)
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Original text
offer evidence to rebut it; and
Current text
offer evidence to rebut it; and
404(a)(2)(B)(ii)
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Original text
offer evidence of the accused's same trait; and
Current text
offer evidence of the accused's same trait; and
404(a)(2)(C)
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Original text
in a homicide or assault case, the prosecution may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.
Current text
in a homicide or assault case, the prosecution may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.
404(a)(3)
unchanged
Original text
Exceptions for a Witness.
Evidence of a witness' character may be admitted under Mil R. Evid. 607, 608, and 609.
Current text
Exceptions for a Witness.
Evidence of a witness' character may be admitted under Mil R. Evid. 607, 608, and 609.
404(b)
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Original text
Other Crimes, Wrongs, or Acts.
Current text
Other Crimes, Wrongs, or Acts.
404(b)(1)
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Original text
Prohibited Uses.
Evidence of any other crime, wrong, or 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.
Current text
Prohibited Uses.
Evidence of any other crime, wrong, or 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.
404(b)(2)
unchanged
Original text
Permitted Uses.
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.
Current text
Permitted Uses.
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.
404(b)(3)
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Original text
Notice in a Criminal Case.
In a criminal case, the trial counsel must:
Current text
Notice in a Criminal Case.
In a criminal case, the trial counsel must:
404(b)(3)(A)
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Original text
provide reasonable notice of any such evidence that the trial counsel intends to offer at trial, so the accused has a fair opportunity to meet it;
Current text
provide reasonable notice of any such evidence that the trial counsel intends to offer at trial, so the accused has a fair opportunity to meet it;
404(b)(3)(B)
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Original text
articulate in the notice the permitted purpose for which the trial counsel intends to offer the evidence and the reasoning that supports the purpose; and
Current text
articulate in the notice the permitted purpose for which the trial counsel intends to offer the evidence and the reasoning that supports the purpose; and
404(b)(3)(C)
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Original text
do so in writing before trial - or in any form during trial if the court, for good cause, excuses lack of pretrial notice.
Current text
do so in writing before trial - or in any form during trial if the court, for good cause, excuses lack of pretrial notice.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.