Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

ADVISORY COMMITTEE NOTE

This rule is the federal rule, verbatim, and is comparable to Rule 49, Utah Rules of Evidence (1971). The substance of Rule 50, Utah Rules of Evidence (1971) providing for the method of proof of habit or custom and allowing evidence in the form of opinion as well as specific instances when the number of instances is sufficient to warrant a finding of habit or custom was deleted by Congress with a note by the House Judiciary Committee that the method of proof should be left with the Court. Compare Rule 406(b), Uniform Rules of Evidence (1974), which is Rule 406(b) as originally promulgated by the United States Supreme Court.