Also known as: routine practices of an organization · routine practice · routine practices · habit or routine practice · FRE 406
Written by attorneys · grounded in primary & secondary sources — see below
Evidence describing an organization's regular, repeated response to a specific situation. The evidence is admissible to prove that the organization acted in accordance with the practice on a particular occasion. Admission does not depend on corroboration or the presence of an eyewitness.
Peggy sued Gate Media after a stage light fell at its venue. Gate Media called its stage manager to testify that she always performed a pre-show checklist thirty minutes before doors opened by tugging each fixture and marking a laminated form. The testimony was offered to show the lights had been checked on the night of the accident. The court admitted the evidence to establish that the organization followed its routine practice that evening.
Bill sued White Suites after his laptop was stolen from his room. The hotel offered testimony from clerk Ebony that she always re-coded room keys immediately upon checkout while printing the invoice and placing it in a blue folder. The testimony was offered to show the key had been reprogrammed after the prior guest left. The court admitted the evidence to prove the clerk followed her routine practice when Bill checked in.
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Dawn sued Blue Dispatch after its bus collided with another vehicle. Blue Dispatch offered testimony from coworkers that driver Ashley always came to a complete stop and counted to three at that crossing every night. The testimony was offered to show Ashley followed the practice on the night of the collision. The court admitted the evidence to prove the driver acted in accordance with her routine practice.
No. The rule permits admission of evidence of an organization's routine practice regardless of whether there was an eyewitness to the conduct on the particular occasion.
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No. The rule allows admission of routine practice evidence whether or not it is corroborated.
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Routine practice evidence describes a specific, repeated response to a particular situation. Character evidence describes a general propensity and is subject to different admissibility rules.
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Yes. The rule permits testimony describing the routine practice without requiring any documentary proof such as a checklist or log.
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…testimony, our application of those Clauses to the context of custodial police interrogation is relatively recent because the routine practice of such interrogation is itself a relatively new development. See, e. g., Miranda , 384 U. S., at 445-458. [^maj-2]: See also Davis v. United States , 512 U. S. 452, 457-458 (1994);…