Rule 406 Habit; Routine Practice

If a person always does something the same way, or a business always follows the same procedure, that pattern can be used as evidence in court. For example, if someone always stops at a certain stop sign, or a company always sends a confirmation email after receiving an order, those habits can help show what probably happened in a specific situation.

This kind of evidence is allowed even if no one actually saw what happened and even if there is no other proof to back it up. The idea is that people and organizations tend to repeat their habits, so past behavior is a reasonable guide to what likely occurred.