Exclusion of Character and Prior Conduct Evidence (Step 2.B) - Habit Evidence

Question 1

FRE 406

Habit; Routine Practice

Answer 1

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness

Question 2

Difference Between Character Evidence and Habit Evidence

Answer 2

Character refers to one’s personality. Habit is a repeated response to a specific situation. We differentiate between the two because people volitionally develop habits so we’re punishing behavior, but we don’t want to punish people for just being who they are

Question 3

Methods to Prove Habit

Answer 3

You can use repeated prior conduct. It’s not usually proven by opinion evidence