FRE · Rule 406

FRE Rule 406

Quick Answer

What is FRE Rule 406?

This rule addresses the admissibility of evidence related to a person's habit or routine practice.

Source: FRE Rule 406

Official Text
Evidence of a person's habit or an organization's routine practice is admissible to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.
Plain Language

FRE Rule 406 allows evidence of a person's habitual actions or an organization's routine practices to be introduced in court. This can help establish that a person acted consistently with their usual behavior during a specific event.

Purpose

The purpose of this rule is to provide a method for proving conduct based on a person's or organization's established patterns. It assists the court in understanding behaviors that are often predictable and consistent over time.

Key Provisions

Admissibility of Habit Evidence

Habit evidence is considered more reliable than character evidence, as it reflects a person's regular and repeated conduct rather than general character traits.

Routine Practice

This applies not only to individuals but also to organizations, allowing evidence of routine actions to be admissible.

Practice Notes
  • To effectively utilize Rule 406, ensure evidence of the habit is sufficiently frequent and specific to demonstrate the routine.
  • Document the habit or routine practice through witness testimony or other forms of corroborating evidence to enhance admissibility.
  • Be prepared to counter any claims that the habit evidence is insufficiently demonstrated or that it does not apply to the circumstances of the case.
Landmark Cases

Humble Oil & Refining Co. v. Jones

The court recognized that consistent actions taken under similar circumstances may be introduced to establish behavior consistent with those actions.

Exam Tip

Familiarize yourself with examples and applications of habitual evidence, as exam questions may ask you to analyze its relevance in a given scenario.

Related Rules
  • fre-rule-404

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