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Rule 406. Habit; Routine Practice


Evidence of a personís habit or an organizationís routinepractice may be admitted to prove that on a particular occasion the person ororganization acted in accordance with the habit or routine practice. The court mayadmit this evidence regardless of whether it is corroborated or whether therewas an eyewitness.


2011 Advisory Committee Note. Ė The language of this rule has beenamended as part of the restyling of the Evidence Rules to make them more easilyunderstood and to make style and terminology consistent throughout the rules.These changes are intended to be stylistic only. There is no intent to changeany result in any ruling on evidence admissibility. This rule is the federalrule, verbatim.




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