What is the test for bad act evidence under Rule 404(b)?

MultiRegion, United States of America

The following excerpt is from ECM, Inc. v. Placer Dome U.S., Inc., 132 F.3d 38 (9th Cir. 1998):

We "appl[y] a four-part test to determine the admissibility of [bad act] evidence under Rule 404(b): (1) there must be a sufficient degree of evidence for the jury to find that the other acts were in fact committed; (2) the other acts evidence may only be introduced to prove a material issue in the case; (3) the other acts must not be too remote in time to the conduct charged; (4) the other acts must be sufficiently similar to the charged conduct when they are being introduced to show intent." United States v. DeSalvo, 41 F.3d 505 509 (9th Cir.1994) (internal citations omitted).

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