Check a criminal other-acts notice against Rule 404(b)(3)

Key facts

Human involvement

Yellow · Close supervision

How AI is used

List whether the notice is in writing, whether it states a permitted purpose and the reasoning for that purpose, and whether it was given before trial. Do not say the evidence is admissible.

What the lawyer must review

You decide admissibility. Rule 404(b)(1) says evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character. Rule 404(b)(2) says this evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. The list is illustrative. Rule 404(b)(3) says that in a criminal case the prosecutor must provide reasonable notice of any such evidence the prosecutor intends to offer at trial, so the defendant has a fair opportunity to meet it, articulate in the notice the permitted purpose and the reasoning that supports the purpose, and do so in writing before trial, or in any form during trial if the court, for good cause, excuses lack of pretrial notice. The rule states no number of days. This is not a tendency notice and not a coincidence notice. No such notice rule was opened. Rule 16 is disclosure of documents and experts. It is not this notice. Brady is a due-process duty about favorable evidence. It is not satisfied by a Rule 404(b) notice. Model Rule 3.3 applies to what you tell the court about the comparison.

Written for / version

United States versionUS