Habit, Routine Practice — Rule 406

• Jurisdiction: Colorado

Habit, Routine Practice — Rule 406

SUMMARY OF RULE 406

• Allows evidence of habit to prove that the conduct of a person or organization on a particular occasion was in conformity with the habit or routine practice.

LEGAL AUTHORITIES

• The normal business practice of a bank was admissible to show intent of the parties, and that the organization acted in conformity with its procedures. Columbia Savings v. Zelinger, 794 P.2d 231 (Colo. 1990).

• Habit refers to a regular and specific response to a repeated situation. People v. T.R., 860 P.2d 559 (Colo. App. 1993) (victim's good driving habits were admissible, but testimony she was a cautious driver is character evidence and must be treated under CRE 404 rather than CRE 406).

PRACTICE TIPS

• A witness testifying about habit or routine practice...