MIMIC Rule

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The MIMIC Rule refers to the purposes for which a court will allow the introduction of evidence of prior crimes, wrongs, or actions of a defendant. Federal Rule of Evidence Rule 404(b) prohibits the use of such evidence for the purpose of proving a criminal disposition or character. At the same time, the rule allows the admission of such evidence to prove “motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.”

The MIMIC Rule is an acronym to quickly describe the permitted uses of this type of evidence.

  • Motive
  • Intent
  • Mistake
  • Identity
  • Common scheme or plan

[Last updated in July of 2023 by the Wex Definitions Team]