12 - Habit Evidence 406

Question 1

Habit Evidence

406

Answer 1

• Can be used to circumstantially prove conduct
• habit or organization’s routine practice may be admitted to prove that the person or org acted in accordance with that habit or routine practice on a particular occasion

406 - only evidence of habit or routine practice may be admitted. Must be read in conjunction with 403

Question 2

Relevant Factors

Answer 2

1. Specificity - person’s general disposition as a careful or careless driver is character and should be excluded. HABIT - when person always stops their car at a particular intersection
2. Repetition - how many times someone stopped at that intersection. Once a day is more probative than a once-a-month occurrence
3. Duration - evidence that someone travels home from work by certain route for 5 years more probative than 2-months course of conduct
4. Semi-automatic nature of the conduct - actions done without thought like breaking a car with the right foot and locking the door of a house when leaving.

Question 3

Methods of proof

Answer 3

opinion or specific instances of conduct sufficient in number to warrant a finding that the habit existed or the practice was routine