Chapter 10 - § 10.12 HABIT; ROUTINE PRACTICE

• Jurisdiction: Colorado

§ 10.12 HABIT; ROUTINE PRACTICE

Colorado

➢ General. "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." CRE 406.
➢ Admissibility. "[E]vidence of an organization's practice or routine may be admitted as circumstantial evidence that, on the occasion in question, an act was done in conformity with the ordinary practice. Such evidence may be considered even when the person who engaged in the routine practices is unavailable to testify." Columbia Sav. v. Zelinger, 794 P.2d 231, 236 (Colo. 1990); see also People v. In the Interest of T.R., 860 P.2d 559, 562 (Colo. App. 1993) ("Thus, while evidence that the victim drove through the intersection every day and any cautions she habitually took while proceeding through this intersection were properly admitted as habit; testimony that she was a "cautious driver" is character evidence and must be treated under CRE 404, rather than CRE 406.").

Federal

➢ General. "Evidence of a

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