(1) REPUTATION.—When evidence of the character of a person or of a trait of that person’s character is admissible, proof may be made by testimony about that person’s reputation.
(2) SPECIFIC INSTANCES OF CONDUCT.—When character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person’s conduct.
The "How-To" Guide for Character Evidence: This statute explains *how* character evidence can be presented in court, but only when it has already been deemed admissible under a rule like § 90.404. There are two distinct methods.
(1) By Reputation (The Common Method):
The standard way to prove character is by calling a "character witness" to testify about the person's general reputation in the community for a particular trait. For example, a witness might testify, "The defendant has a reputation in our neighborhood as a peaceful and non-violent person." The witness is reporting what the community generally believes.
(2) By Specific Instances of Conduct (The Rare Method):
This more powerful method is only allowed in the rare situation where a person's character trait is an **"essential element"** of the charge, claim, or defense. This means the case is directly *about* that person's character, not just using character to guess how they might have acted.
Example: A trucking company is sued for "negligent hiring" after one of its drivers causes a serious accident. To win, the plaintiff must prove the company knew it was hiring a reckless driver. In this case, the driver's character for recklessness is an essential element of the claim. Therefore, the plaintiff would be allowed to introduce evidence of the driver's specific past acts, like a history of speeding tickets or prior accidents, to prove the company should have known they were reckless.
