Also known as: other acts evidence · other-act evidence · other acts · 404(b) evidence · prior bad acts evidence
Written by attorneys · grounded in primary & secondary sources — see below
Evidence of a person's crimes, wrongs, or other acts offered to prove a fact other than character or propensity, such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Odette Orozco negotiated a supply deal with Overland Transport by delivering sample shipments and accepting payment without signing any document. When a dispute arose over whether a contract formed, the court considered testimony about Odette's prior deliveries to similar buyers to evaluate whether conduct manifested assent.
Olivia Owens sued Omar Olson after he blocked her path, clenched his fists, and warned her not to move or he would strike. The court evaluated whether Omar's words together with his acts created reasonable apprehension of imminent contact.
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Odessa Okada faced charges for possessing illegal wildlife videos. The prosecution introduced evidence of her earlier shipments of similar material to demonstrate knowledge of the content, with the court limiting the jury's use to the knowledge issue only.
Oliver Okeke was charged with selling stolen appliances. The government offered proof of his prior appliance sales to show he knew the items were stolen, and the court required the jury to find the prior acts occurred before weighing the evidence for the knowledge element.
Onyx O'Reilly sued Oasis Resorts for bad-faith denial of an insurance claim. The court allowed evidence of the resort's prior claim-handling practices in other states when deciding the reprehensibility of the conduct for punitive damages.
Odyssey Logistics sued a former employee for breach after discovering side deals. The defense offered testimony about the company's prior tolerance of similar side arrangements by other workers to impeach the employer's claim of strict policy enforcement.
In criminal cases charging sexual assault or child molestation, other act evidence of the defendant's prior sexual assaults or child molestations may be admitted and considered for any relevant purpose, including showing a pattern of conduct in confined hotel spaces that bears on intent or absence of mistake.
The court must determine under Rule 403 whether the danger of undue prejudice outweighs the probative value, considering the availability of other proof and the similarity between the charged conduct and the prior acts.
Supporting sources
Other act evidence is offered for a non-character purpose such as motive, intent, plan, or knowledge, whereas character evidence is offered to prove action in conformity with a trait.
Supporting sources
…much all law consists in forbidding men to do some things that they want to do, and contract is no more exempt from law than other acts." [^maj-23]: See Patterson, The Forgotten Ninth Amendment (1955). Mr. Patterson urges that the Ninth Amendment be used to protect unspecified "natural and inalienable rights." P. 4. The…