Under Rule 404, which statement correctly describes admissibility of evidence about a party's truthfulness?

Under Rule 404, which statement correctly describes admissibility of evidence about a party's truthfulness?

• A. Evidence about a party's truthfulness is admissible only if the party testifies.
• B. Evidence about a party's truthfulness is admissible in all circumstances.
• C. Evidence about truthfulness is never admissible.
• D. Evidence about truthfulness is admissible only if the other party stipulates honesty.

Answer: (B)

Rule 404 limits using evidence of a party’s character to prove they acted in accordance with that character on a particular occasion. When it comes to truthfulness, the relevant hook is credibility. Evidence about a party’s truthfulness is meaningful only in the context of a witness who testifies, because credibility is at issue for that witness. In that setting, reputation or opinion evidence about the witness’s truthfulness can be admitted to support or attack credibility, and the cross-examination framework allows probing specific acts that relate to truthfulness under appropriate limits. If the party does not testify, credibility is not at issue, and evidence about that party’s truthfulness generally isn’t admissible under Rule 404.

Rule 404 limits using evidence of a party’s character to prove they acted in accordance with that character on a particular occasion. When it comes to truthfulness, the relevant hook is credibility. Evidence about a party’s truthfulness is meaningful only in the context of a witness who testifies, because credibility is at issue for that witness. In that setting, reputation or opinion evidence about the witness’s truthfulness can be admitted to support or attack credibility, and the cross-examination framework allows probing specific acts that relate to truthfulness under appropriate limits. If the party does not testify, credibility is not at issue, and evidence about that party’s truthfulness generally isn’t admissible under Rule 404.