What is required before a defendant may offer evidence of the defendant's pertinent trait in a criminal case under 404(a)(2)(A)?

• A. The defendant must file a motion with the court at least 30 days before trial.
• B. The defendant must first notify the court and opposing counsel in writing at the Captains' Meeting of the intention to offer such evidence, and the appropriate form must be completed and presented with ballots; the prosecution may also offer such evidence during its case-in-chief.
• C. No notice is required.
• D. The prosecutor must consent to the introduction.

Answer: (B)

The key idea is that when a defendant wants to introduce evidence of a pertinent trait, there is a required notice step before doing so. This advance notice ensures the court and the prosecution aren’t blindsided, allows time for the defense to prepare cross-examination or rebuttal, and gives the court a chance to schedule and manage the evidence properly.

This option correctly states that the defendant must notify the court and opposing counsel in writing at the designated Captains’ Meeting, and that the appropriate form must be completed and filed with ballots. It also notes that the prosecution may also offer such evidence during its case-in-chief, which keeps the trial balanced and orderly.

The other choices don’t reflect this procedural notice requirement. One option imposes an unrelated timing requirement, another says no notice is required, and another makes the prosecutor’s consent a gatekeeping condition.