In an article published by Under Construction, Gregg Jacobson discusses the usefulness of Rule 404(b) and the Doctrine of Chances in civil construction cases. Federal Rule 404(b) is significantly underutilized in civil construction cases. It excludes evidence of one’s character or actions as proof that one acted in conformity with that character trait. However, there are exceptions to the rule, such as prior knowledge, lack of mistake, motive or the doctrine of chances. Though rarely used in construction cases, these exceptions allow savvy counsel to include evidence that might not typically he heard in a civil construction case. The article examines how this rule of evidence can be used. You may read the full article here.
- News & Analysis