Rule 406. Habit; routine practice

Article IV. Relevance

Rules of Evidence

(a)

Evidence of the habit of a person, an animal, or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eye-witnesses, is relevant to prove that the conduct of the person, animal, or organization on a particular occasion was in conformity with the habit or routine practice.

(b)

A habit is a regular response to a repeated specific situation. A routine practice is a regular course of conduct of an organization.

Advisory Commission Comments.

Tennessee has long admitted animal habit.

Copley v. State

, 153 Tenn. 189, 281 S.W. 460 (1925), is the leading case. Authorities supporting admissibility of human habit and business custom are collected in Tennessee Law of Evidence § 30.

The second paragraph defines habit and routine practice, emphasizing the need for a "regular response" when a person, animal, or organization is faced with a given situation.