Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that person's tendency to reflexively respond to a particular situation in a particular way.
Habit evidence must be distinguished from character evidence, which seeks to show that a person behaved in a particular way on a particular occasion based on that person's prior bad acts, or based on the opinion of a witness, or based on that person's reputation in the community. Such character evidence is generally inadmissible.
Federal Rule of Evidence 406 states, "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."
Famous quotes containing the words habit and/or evidence:
““My mother is jelly-hearted and she has a brain of jelly:
Sweet, quiver-soft, irrelevant. Not essential.
Only a habit would cry if she should die....””
—Gwendolyn Brooks (b. 1917)
“Yet in spite of all they sang in praise of their “Eliza’s reign,” we have evidence that poets may be born and sing in our day, in the presidency of James K. Polk.”
—Henry David Thoreau (1817–1862)