§ 12.06 KEY POINTS

• Jurisdiction: North Carolina

§ 12.06. KEY POINTS

Habit or routine practice evidence may be admitted to prove that a person or organization acted in accordance with that habit or routine practice on a particular occasion. The phrase "routine practice" of an organization refers to the "habit" of an organization, commonly known as business practice, usage, or custom.

Character distinguished. Evidence of habit must be distinguished from evidence of character because the former is admissible under Rule 406, whereas the latter is generally inadmissible under Rule 404(a). The difference in treatment accorded habit and character evidence is based on the greater probative value of habit evidence.

Definition. Habit is the "regular response to a repeated specific situation." The key elements in determining whether conduct constitutes habit are (1) specificity, (2) repetition, (3) duration, and (4) the semi-automatic nature of the conduct.

Routine practice. Rule 406 does not govern the use of...