Character Evidence Not Admissible to Prove Conduct; Exceptions; Other

Crimes (a) Character evidence generally. E vidence of a person's character or character trait is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) C haracter trait of accused. Evidence of a pertinent character trait of the accused offered by the accused, or by the prosecution to rebut the same; (2) Character trait of victim. Except as provided in Rule 2:412, evidence of a pertinent character trait or acts of violence by the victim of the crime offered by an accused who has adduced evidence of self defense, or by the prosecution (i) to rebut defense evidence, or (ii) in a criminal case when relevant as circumstantial evidence to establish the death of the victim when other evidence is unavailable; or (3) Character trait of witness. Evidence of the character trait of a witness, as provided in Rules 2:607, 2:608, and 2:609. (b) Other crimes, wrongs, or acts. Except as provided in Rule 2:413 or by statute, evidence of other crimes, wrongs, or acts is generally not admissible to prove the character trait of a person in order to show that the person acted in conformity therewith. H owever, if the legitimate probative value of such proof outweighs its incidental prejudice, such evidence is admissible if it tends to prove any relevant fact pertaining to the offense charged, such as where it is relevant to show motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, accident, or if they are part of a common scheme or plan. Adopted and promulgated by Order dated June 1, 2012; last amended July 1, 2014. RULES OF SUPREME COURT OF VIRGINIA PART TWO VIRGINIA RULES OF EVIDENCE ARTICLE IV. RELEVANCY, POLICY, AND CHARACTER TRAIT PROOF