§ 12.01 Introduction

• Jurisdiction: North Carolina

§ 12.01 Introduction

What do you do when you first get up in the morning? Brush your teeth? Put on a pot of coffee? Do you travel to law school the same way each day? These are habits, and people are creatures of habit. Habit may be used circumstantially as proof of conduct.

Under Federal Rule 406, evidence of a person's habit or an organization's routine practice may be admitted to prove that the person or organization acted in accordance with that habit or routine practice on a particular occasion. The phrase "an organization's routine practice" refers to the "habit" of an organization, commonly...