Section 12.1 Habit, Routine Practice, and Custom

• Library: Evidence 2017

I. (§12.1) Habit, Routine Practice, and Custom

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 proven habit or routine practice. Sections 12.2–12.5 below cover the important distinction between conduct that may properly be regarded as habit, custom, or routine practice and evidence of character or propensity. The cases and authorities cited herein provide guidance on the types of evidence courts may find to be:

· proper habit or regular response evidence;

· proper custom or routine practice evidence; or

·...