# Me. R. Evid. 406: Rule 406. HABIT; ROUTINE PRACTICE > Maine · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R406 ## Section - **Citation:** Me. R. Evid. 406 - **Heading:** Rule 406. HABIT; ROUTINE PRACTICE - **Jurisdiction:** Maine - **Kind:** Court rules - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Maine Rules of Court / Maine Rules of Evidence / Me. R. Evid. 406 ## Text (a) Admissibility. Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness. (b) Method of proof. Habit or routine practice may be proved by proof of a sufficient number of instances of conduct to support a finding that the habit existed or that the practice was routine. Maine Restyling Note [November 2014] Maine Rule 406(a) is identical with Federal Rule 406. Maine Rule 406(b) specifically authorizes the use of evidence of specific instances of 33 “. . . waft . . . .” 34 Update: In State v. Shulikov, 1998 ME 111, ¶¶ 16-17, 712 A.2d 504, the Law Court held that there was no manifest injustice when a prosecutor cross-examined two witnesses regarding specific instances of the defendant’s conduct, without the court having first determined outside of the jury’s presence whether there was a basis for the questions, because the State later demonstrated on the record it had a factual basis for asking the questions, the defendant acquiesced in the questioning and did not ask the State to demonstrate its foundation for the questions, and no further reference to the specific instance was made at trial. conduct to prove habit or routine practice. The language of Maine Rule 406(b) has been carried over into the restyled Rule. Federal Advisory Committee Note The language of Rule 406 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. __________________________________________________________________ ## Nearby sections - [Me. R. Evid. 101 Rule 101. APPLICABILITY; DEFINITIONS; TITLE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R101.md) - [Me. R. Evid. 102 Rule 102. PURPOSE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R102.md) - [Me. R. Evid. 103 Rule 103. RULINGS ON EVIDENCE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R103.md) - [Me. R. Evid. 104 Rule 104. PRELIMINARY QUESTIONS](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R104.md) - [Me. R. Evid. 105 Rule 105. LIMITING EVIDENCE THAT IS NOT ADMISSIBLE AGAINST](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R105.md) - [Me. R. Evid. 106 Rule 106. REMAINDER OF OR RELATED WRITINGS](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R106.md) - [Me. R. Evid. 201 Rule 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R201.md) - [Me. R. Evid. 301 Rule 301. PRESUMPTIONS IN CIVIL CASES GENERALLY](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R301.md) - [Me. R. Evid. 302 Rule 302. PRESUMPTION OF LEGITIMACY](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R302.md) - [Me. R. Evid. 303 Rule 303. PRESUMPTIONS IN CRIMINAL CASES](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R303.md) - [Me. R. Evid. 401 Rule 401. TEST FOR RELEVANT EVIDENCE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R401.md) - [Me. R. Evid. 402 Rule 402. GENERAL ADMISSIBILITY OF RELEVANT EVIDENCE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R402.md) - [Me. R. Evid. 403 Rule 403. EXCLUDING RELEVANT EVIDENCE FOR PREJUDICE,](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R403.md) - [Me. R. Evid. 404 Rule 404. CHARACTER EVIDENCE; CRIMES OR OTHER ACTS](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R404.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R406. Check the current official text before relying on it. Not legal advice.