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The author argues the change would cause irreparable harm to evidence law, reviews contradictions across Rules 404, 405, and 406, and reassesses the literary, philosophical, and scientific grounds supporting the relevance and reliability of character trait evidence. The executive summary outlines the introduction, critiques current case law, and frames supporting common-law rationales for admissibility in civil actions.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/widener-university-proposed-changes-to-federal-rule-of-evidence-404a-executive-summary/145185/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/widener-university-proposed-changes-to-federal-rule-of-evidence-404a-executive-summary/145185.png","ImageObject",300,407,{"name":92,"@type":93},"Arica Lee","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-09-28","2026-08-26",true,{"@type":102,"interactionType":103,"userInteractionCount":34},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What change to Federal Rule of Evidence 404(a) is being proposed in the document?","Question",{"text":112,"@type":113},"The proposal intends to exclude admissibility of character evidence in all civil cases in all U.S. courts, removing current grounds that allow such evidence in specific contexts.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Why does the author oppose removing character evidence in civil cases?",{"text":117,"@type":113},"The author argues that eliminating character evidence would do irreparable harm to the evidence system and that character trait evidence remains relevant and reliable as a predictor of behavior.",{"name":119,"@type":110,"acceptedAnswer":120},"How does the document explain the confusion created by Rules 404, 405, and 406?",{"text":121,"@type":113},"It highlights cognitive dissonance across the rules: Rule 404(a) restricts character trait evidence, while Rules 404(b), 405(b), and 406 can permit related evidence under different labels and rationales.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},145185,1787717775,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":34,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":52,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":129,"read_time":143},8796096645457,"https://ap-avatar.wpscdn.com/avatar/800003749518d68ffe3?x-image-process=image/resize,m_fixed,w_180,h_180&k=1779345340919836971","Widener University  \n04-EV-003  \n□4601 Concord Pike P.O.Box7474·Wilmington,DE 19803-0474  \n□3800 Vartan Way·Harrisburg,PA17110-9450  \nSchool of LawDirect Dial Number:302-477-2070e-mail tjr0001@mail.widener.edu  \n□ (302)477-2100  \nFax:(302)477-2257  \n□  (717)541-3900  \nFax:(717)541-3966  \n29 October 2004  \nPeter G.McCabe,SecretaryCommittee on Rules of Practiceand Procedure  \nAdministrative Office of theUnited States CourtsWashington,DC 20544  \nRE:Proposed Changes to Federal Rule of Evidence 404(a)  \nDear Mr.McCabe:  \nI enclose my comments on the proposed amendment of Rule 404(a)to do away withcharacter evidence in civil cases in United States Courts,'save when character is“an essentialelement of a claim or defense.\"(R.405(b))In my opinion,the proposed changes will do moreharm than good to the Federal Rules of Evidence.Further,if the changes are picked upthoughtlessly by any of the states currently following the Uniform Rules of Evidence,the statethat does so is liable to have unintentionally created a rule that bars character evidence in civilactions where character evidence is routinely admitted,e.g.,child custody cases.  \nMy comments are in the form of an executive summary of my article on civil characterevidence.I enclose a copy of the draft of the article for whatever use you may make ofit.  \nSincerely,  \nWn  \n20g  \n。  \nThomas J.Reed  \nProf.of Law  \nTJR:tjr  \nEncl:  \n# EXECUTIVE SUMMARYEVIDENCE OF VICE &VIRTUEADMISSIBLITY OF CHARACTER EVIDENCE IN CIVIL ACTIONS\n\nI.INTRODUCTION  \nThe U.S.Supreme Court's Rules Advisory Committee intends to amend Rule 404(a)toexclude admissibility of character evidence in all civil cases in allU.S.courts.¹In the writer'sopinion,doing away with character evidence in civil cases would do irreparable harm to the U.S.system of evidence.This essay re-examines the literary,philosophical,and scientific basis thatshows that character trait evidence is relevant and reliable.It also examines the common lawfoundation for admitting character evidence in civil cases and the adverse affect that Rules 404,405 and 406 have had in extending the common law rationale for admitting character traitevidence.  \nFederal case law on admissibility of character trait evidence in civil actions since1975 isconfusing,contradictory and not intelligible to ordinary mortals.The confusion begins with a setof rules about character trait evidence that are an exercise in cognitive dissonance.Rule404(a)(1)makes evidence that an individual has a relevant character trait inadmissible to provethat the individual acted consistently what that character trait.The rule does permit the accused ina criminal prosecution to prove that the accused is a person of good character who should beacquitted.Rule 404(a)(2)allows the accused charged with a violent crime to prove that thevictim possessed the character trait of violence to show the accused acted in self defense.TheGovernment may rebut defense character trait evidence offered under Rules 404(a0(1)and (2)  \n1  \nwith its own contradictory character trait evidence.The same rule permits an on the credibility ofany witness by proof of bad character trait for truthfulness.Rule 404(a)contains no exceptionfor admissibility of character trait evidence in civil cases.²  \nRule 404(b)allows proof of similar acts evidence in civil and criminal cases to prove anintermediate issue such as motive intent,knowledge etc.The rule ignores the obvious fact that ofsimilar acts evidence may also prove a bad character trait.³Rule 405(b)provides for admission ofcharacter trait evidence in civil and criminal cases when “it is an essential element of a claim ordefense.”Rule 405(b)contradicts Rule 404(a)'s limitation on character trait evidence.Rule406 admits evidence of a habit to prove that an actor acted in conformity with that habit.⁵Neither“habit”nor \"character\"are defined anywhere in the rules.Conceivably,evidence of specific actsthat prove someone possesses a relevant character would be inadmissible under Rule ","cbCaiu9FEAtbUTmW","https://ap.wps.com/l/cbCaiu9FEAtbUTmW","pdf",642482,"English","# Executive Summary\n## Evidence of Vice & Virtue\n## Introduction\n## Common Law Basis for Admitting Character Evidence","[{\"question\":\"What change to Federal Rule of Evidence 404(a) is being proposed in the document?\",\"answer\":\"The proposal intends to exclude admissibility of character evidence in all civil cases in all U.S. courts, removing current grounds that allow such evidence in specific contexts.\"},{\"question\":\"Why does the author oppose removing character evidence in civil cases?\",\"answer\":\"The author argues that eliminating character evidence would do irreparable harm to the evidence system and that character trait evidence remains relevant and reliable as a predictor of behavior.\"},{\"question\":\"How does the document explain the confusion created by Rules 404, 405, and 406?\",\"answer\":\"It highlights cognitive dissonance across the rules: Rule 404(a) restricts character trait evidence, while Rules 404(b), 405(b), and 406 can permit related evidence under different labels and rationales.\"}]","Widener University - Proposed Changes to Federal Rule of Evidence 404(a) - Executive Summary | PDF",25]