Rule 2:406. HABIT AND ROUTINE PRACTICE IN CIVIL CASES (derived from Code §

8.01-397.1)

(a) Admissibility. In a civil case, evidence of a person's habit or of an organization's routine

practice, 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 conformed with

the habit or routine practice. Evidence of prior conduct may be relevant to rebut evidence of

habit or routine practice.

(b) Habit and routine practice defined. A “habit” is a person's regular response to repeated

specific situations. A “routine practice” is a regular course of conduct of a group of persons or an

organization in response to repeated specific situations.

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE IV. RELEVANCY, POLICY, AND CHARACTER TRAIT PROOF