# Rule 406, SCRE: Rule 406. HABIT; ROUTINE PRACTICE

> South Carolina · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R406

## Section

- **Citation:** Rule 406, SCRE
- **Heading:** Rule 406. HABIT; ROUTINE PRACTICE
- **Jurisdiction:** South Carolina
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** South Carolina Court Rules / South Carolina Rules of Evidence / Rule 406, SCRE

## Text

RULE 406
HABIT; ROUTINE PRACTICE
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 eyewitnesses, 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.
Note:
This rule is identical to the federal rule and makes it clear that the presence or absence of eyewitnesses does not affect the relevancy of evidence of habit or routine practice. To the extent that South Carolina law regarding evidence of habit or routine was previously read to require the absence of eyewitnesses, this rule constitutes a change in the law.
Compare
Laney v. Atlantic Coast Line Railway Co.
, 211 S.C. 328, 45 S.E.2d 184 (1947);
State v. Hester
, 137 S.C. 145, 134 S.E. 885 (1926);
Dowling v. Fenner
, 131 S.C. 62, 126 S.E. 432 (1922)
with
Holcombe v. Watson Supply Co.
, 171 S.C. 110, 171 S.E. 604 (1933).

## Nearby sections

- [Rule 101, SCRE Rule 101. SCOPE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R101.md)
- [Rule 102, SCRE Rule 102. PURPOSE AND CONSTRUCTION](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R102.md)
- [Rule 103, SCRE Rule 103. RULINGS ON EVIDENCE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R103.md)
- [Rule 104, SCRE Rule 104. PRELIMINARY QUESTIONS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R104.md)
- [Rule 105, SCRE Rule 105. LIMITED ADMISSIBILITY](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R105.md)
- [Rule 106, SCRE Rule 106. REMAINDER OF OR RELATED WRITINGS OR STATEMENTS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R106.md)
- [Rule 201, SCRE Rule 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R201.md)
- [Rule 301, SCRE Rule 301. PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R301.md)
- [Rule 401, SCRE Rule 401. DEFINITION OF "RELEVANT EVIDENCE"](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R401.md)
- [Rule 402, SCRE Rule 402. RELEVANT EVIDENCE GENERALLY ADMISSIBLE; IRRELEVANT EVIDENCE INADMISSIBLE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R402.md)
- [Rule 403, SCRE Rule 403. EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R403.md)
- [Rule 404, SCRE Rule 404. CHARACTER EVIDENCE NOT ADMISSIBLE TO PROVE CONDUCT; EXCEPTION; OTHER CRIMES](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R404.md)
- [Rule 405, SCRE Rule 405. METHODS OF PROVING CHARACTER](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R405.md)
- [Rule 406, SCRE Rule 406. HABIT; ROUTINE PRACTICE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R406.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R406. Check the current official text before relying on it. Not legal advice.