Rule 405. Methods of Proving Character

• Library: South Carolina Evidence Annotated (SCBar) (2021 Ed.)

Rule 405. Methods of Proving Character

(a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

(b) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct.

Note:

Rule 405(a) is identical to the federal rule and changes the law in South Carolina in one respect. Formerly, only testimony as to a person's general reputation was allowed. State v. Groome, 274 S.C. 189, 262 S.E.2d 31 (1980); In re Greenfield's Estate, 245 S.C. 595, 141 S.E.2d 916 (1965). Rule 405(a) allows evidence of character to be in the form of opinion or reputation evidence. The portion of rule 405(a) regarding cross-examination as to specific acts is consistent...