Section 11.3 Substantive Character Evidence Inadmissible in a Civil Trial

• Library: Evidence 2017

A. (§11.3) Substantive Character Evidence Inadmissible in a Civil Trial

Missouri follows the majority rule that substantive character evidence is not admissible in civil cases but may be admissible in criminal cases. See Haynam v. Laclede Elec. Coop., Inc., 827 S.W.2d 200, 205 (Mo. banc 1992) (citing 1A John Henry Wigmore, Evidence § 64 (1983)). In Williams v. Bailey, 759 S.W.2d 394 (Mo. App. S.D. 1988), the defendant attempted to offer evidence of his good driving record and his good character in defense of a wrongful death action. The court properly rejected this evidence:

Generally, the character of a party is irrelevant in a civil action and cannot be inquired into if not put in issue by the nature of the proceeding, such as libel, slander, malicious prosecution, etc., where damage to character or reputation is an issue. The reason that evidence on the collateral issue of character is inadmissible is that it comes with too much dangerous baggage of prejudice, distraction from the issues, and surprise.

Williams, 759 S.W.2d at 396 (citation omitted).

In LaGue v. Farmers & Merchants Insurance Co., 779 S.W.2d 14 (Mo. App. S.D. 1989), the court held it was...