Under Rule 404, when may evidence about a party's truthfulness be admitted?

Under Rule 404, when may evidence about a party's truthfulness be admitted?

• A. Only if the party testifies.
• B. Only if the opposing party approves.
• C. Only if the judge authorizes.
• D. In all proceedings, regardless of testimony.

Answer: (A)

The key idea is that Rule 404 limits using a person’s character to prove how they acted on a particular occasion, but it makes a narrow exception for credibility. If a party actually takes the stand, their credibility becomes at issue, so evidence about their truthfulness may be offered to support or undermine that credibility—typically through reputation or opinion about their truthfulness (and, on cross-examination, potentially about specific acts). If the party does not testify, there is no witness whose truthfulness needs to be assessed, so this kind of evidence isn’t admissible under Rule 404. It isn’t up to the opposing party for approval, nor is it universally admissible in all proceedings; it hinges on whether a witness has testified.

The key idea is that Rule 404 limits using a person’s character to prove how they acted on a particular occasion, but it makes a narrow exception for credibility. If a party actually takes the stand, their credibility becomes at issue, so evidence about their truthfulness may be offered to support or undermine that credibility—typically through reputation or opinion about their truthfulness (and, on cross-examination, potentially about specific acts). If the party does not testify, there is no witness whose truthfulness needs to be assessed, so this kind of evidence isn’t admissible under Rule 404. It isn’t up to the opposing party for approval, nor is it universally admissible in all proceedings; it hinges on whether a witness has testified.