Habit Evidence Law and Legal Definition
Habit evidence as used in Federal Rules of Evidence refers to the evidence used to prove that a person acted in a particular way on a particular occasion based on that person's tendency to reflexively respond to a particular circumstance in a particular way. Habit evidence is admissible for the purpose of proving how someone would act or react in a particular situation at issue.
Habit evidence is to be distinguished from character evidence. Character evidence is the evidence which is proved by the defendant’s previous bad habits. It may also be based on the opinion of a witness and the reputation in the community. It is not generally admissible.
Federal Rule of Evidence says “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 an eyewitness, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice." [29 CFR 18.406]
