Evidence: Habit Evidence Exception

• Habit Evidence Exception: Propensity evidence is inadmissible to prove the conduct on a particular occasion, but the habit of a person (or the routine of a business organization) is admissible to infer how the person (or business) acted on the occasion at issue in the litigation. The Habit evidence must be shown to be a repetitive response to a particular set of circumstances that happen with high frequency.

• The routine and regular practice of an organization is admissible to prove conduct on a particular occasion.