Also known as: specific instance
Written by attorneys · grounded in primary & secondary sources — see below
Particular acts of conduct offered to prove a person's character trait when that trait constitutes an essential element of a charge, claim, or defense. The acts may also be inquired into on cross-examination of a character or reputation witness to test the basis of the testimony. Such acts are further admissible on cross-examination of any witness when probative of the witness's character for truthfulness.
Selena Singh sued a gallery for defamation after it called her a dishonest dealer. She offered Albert to testify to her reputation for integrity in art sales. On cross-examination the gallery asked Albert whether he knew Selena had once sold a forged painting to a collector. The inquiry tested the foundation of Albert's testimony without introducing extrinsic proof of the act.
Spencer Silver sued a newspaper for libel after it published that he was a chronic liar in business dealings. To prove the truth of the statement as a defense, the newspaper introduced evidence that Spencer had falsified inventory records in three prior transactions. Because Spencer's honesty formed an essential element of the libel claim, the specific instances were admissible to establish the trait.
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Sofia Stern testified for the defense in a fraud trial that she had reviewed all disclosure documents. On cross-examination the prosecutor asked whether Sofia had once understated her assets on a loan application. The question probed Sofia's character for truthfulness through a specific instance without offering any extrinsic evidence of the prior conduct.
Sierra Santos was prosecuted for sexual assault. The prosecution introduced semen found during the victim's examination. The defense offered evidence that the victim had consensual relations with another man hours earlier. The specific instance was admitted to show that someone other than the defendant was the source of the physical evidence.
Solomon Silver faced charges of sexual misconduct. He offered evidence that the complainant had engaged in consensual relations with him on two prior business trips. The specific instances were admitted because they were offered by the defendant to prove consent with respect to the accused.
Sebastian Santos challenged a state statute requiring disclosure of patient prescription records. The state defended the law by noting that the records had revealed specific instances of overprescribing by physicians in prior enforcement actions. The evidence of those particular acts supported the state's interest in detecting and deterring misuse.
Specific instances are admissible when the character trait is an essential element of a charge, claim, or defense. In that situation the rules permit proof of the trait through relevant particular acts of conduct.
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No. Rule 608(b) bars extrinsic evidence of specific instances to prove a witness's character for truthfulness. Counsel may inquire about the instance on cross-examination but must accept the witness's answer.
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The evidence is admissible under Rule 412(b)(1)(A) when offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence. The exception applies only to specific instances, not reputation or opinion.
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Yes. When reputation or opinion testimony about character is admitted, the court may allow cross-examination inquiry into relevant specific instances of the person's conduct to test the basis of the testimony.
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…and a juke box had come from out of state. See id. , at 304-305, 308. In both of these cases, the Court understood that the specific instance of discrimination (at a local place of accommodation) was part of a general practice that, considered as a whole, caused not only the most serious human and social harm, but had nationally…