Rule 2:405. Methods of Proving Character Traits

• Library: A Guide to the Rules of Evidence in Virginia (Virginia CLE) (2021 Ed.)

Rule 2:405. METHODS OF PROVING CHARACTER TRAITS

(a) Reputation proof. Where evidence of a person's character trait is admissible under these Rules, proof may be made by testimony as to reputation; but a witness may not give reputation testimony except upon personal knowledge of the reputation. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

(b) Specific instances of conduct. In cases in which a character trait of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of conduct of such person on direct or cross-examination.

NOTES

Subdivision (a). This provision limits the kind of evidence that may be used to prove character when character evidence is admissible. Current Virginia law recognizes only reputation testimony. See Argenbright v. Commonwealth, 57 Va. App. 94 (2010); Marable v. Commonwealth, 142 Va. 644 (1925).

At common law, reputation...