If you don't get a request for 404(b), how do you handle your 31.03(c)(1) evidence? The recent similar transactions...

This message has been edited. Last edited by: Dee Belknap,

Since we know it's going to draw an objection and require a pre-trial hearing anyway, we actually just go ahead and file a notice of intent to introduce. Our courts tend to be less grumpy if we give everyone a heads-up, even if defense didn't ask for a 404(b) disclosure.