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Unformatted text preview: ave authorized the invocation of the character exceptions of 404(a)(1) and (a)(2) in civil litigation in which the central issue was criminal in nature; Ex: In an action alleging securities fraud and violations of Rico, the plaintiffs accused one of the Ds of obstructing justice, defrauding the government, perjury, and criminal bribery. The court of appeals held that evidence of the D's good character was properly admitted. In Texas, this would get in under 404(a)(1)(B) o Texas differs here! o TX 404(b)(1) provides that, in a civil case, a party accused of "conduct involving moral turpitude" may offer evidence of good character, and that the accusing party may offer evidence in rebuttal! o TX 404(a)(2) allows a civil party accused of assaultive conduct to offer evidence of the victim's violent conduct! So under the Federal Rules, in general 404(a)(1) and (a)(2) do not apply to civil cases: Accused cannot bring in evidence of an accused's character and cannot bring in evidence of an alleged victim. Habit and Routine Practice [FRE 406]
FRE 406: Habit or Routine Practice. Evidence of the habit of a person or...
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