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
ADVISORY COMMITTEE NOTE
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.