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ARTICLE IV. RELEVANCY AND ITS LIMITS

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Rule 404
Rule 405
Rule 406
Rule 407
Rule 408
Rule 409
Rule 410
Rule 411
Rule 413
Rule 414
Rule 415
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 406. Habit; Routine Practice [changes highlighted]

(a) General Rule. 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] admissible to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

Click here to see commentary on Revised Article 406(a).

(b) Definitions. For the purposes of this rule habit is a person's regular response to a repeated specific situation. A routine practice is a regular course of conduct of a group of persons or an organization in the context of a specific situation.

Click here to see commentary on Revised Article 406(b).

(c) Methods of Proving Habit and Routine Practice. Habit and routine practice evidence may be proved by opinion testimony, and by specific instances of conduct.

Click here to see commentary on Revised Article 406(c).

Revised Rule 406. Habit; Routine Practice [clean copy]

(a) General Rule. 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 admissible to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

(b) Definitions. For the purposes of this rule habit is a person's regular response to a repeated specific situation. A routine practice is a regular course of conduct of a group of persons or an organization in the context of a specific situation.

(c) Methods of Proving Habit and Routine Practice. Habit and routine practice evidence may be proved by opinion testimony, and by specific instances of conduct.

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